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HomeMy WebLinkAbout07/07/04_CC_AGENDA_PACKET AGENDA HIGHLIGHTS JULY 7, 2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CONSENT CALENDAR .Ordinances: Item 3c. First Readinq of an Ordinance Chanqinq the Zoninq to Allow a Self-storaqe and Recreational Vehicle Storaqe Facility on 5.97 Acres Generally Located on the Northwest Corner of Wilson and South Real Roads. The facility will be operated in conjunction with the existing Derrel's mini-storage located on the south side of Wilson Road. On May 20, 2004, the Planning Commission recommended approval of a PCD (Planned Commercial Development) zone to allow the 122,000 square foot facility. This in-fill project will be developed in two phases. The first phase will include completion of the perimeter storage buildings, all street improvements, and landscaping. Phase 2 is the removal of the RV storage and construction of the interior storage buildings. The timing of Phase 2 is dependent upon market demands and is intended to be temporary until there is a demand for constructing the interior storage units. The applicant has agreed to several conditions of approval to address lighting, security camera placement and pole heights that limit intrusion into the adjacent residential neighborhood. Item 3d. First Readinq of an Ordinance Addinq a Section to the Municipal Code Related to Smokinq Requlations in Enclosed Areas. This ordinance basically adopts State standards regarding smoking and fills the loophole in State law by prohibiting smoking lounges to be located in or adjacent to bars. It also allows for more effective enforcement by allowing the Fire Chief or his designee to enforce violations administratively through fines. Aqreements: Item 3i. Aqreement with Orqanizational Effectiveness Consultinq to Provide Strateqic Planninq Services for the Police Department in an amount not to exceed $45,000. The purpose of the process is to assist the department in determining local needs which should be addressed, and developing a comprehensive and effective plan. Three proposals were received and evaluated by supervisory and management staff of the department. On October 25, 2003, Supplemental Law Enforcement Funds from the State were appropriated to fund this plan. Item 3k. Aqreement with Berryman & Heniqar, Inc. to Provide Inventory Valuation Services Related to Governmental Accountinq Standards Boards (GASB/ Statement #34 Compliance Requirements in an amount not to exceed $861900. One major component of GASB #34 was related to the reporting of infrastructure assets in the public agency financials. This would include assets such as streets, traffic signals, median landscaping, street lights and a list of other items that have previously not been valued and reported as assets in our financial statements. The City must comply with this portion of the new requirements no later than June 30, 2006; with comparative data provided as of June 30, 2005. The City does not have the expertise to accumulate this huge amount of data, and then appraise and value the various types of assets associated with this reporting requirement. In January 2003, proposals were received from 7 firms; however, the project was put on hold due to budget concerns, and the monies for the project were frozen. In April 2004, staff resumed the process with the understanding that funds might be made available in the 2004-05 budget. The three lowest bid firms were invited to participate in a panel interview with City staff to verify their understanding of the project and confirm their expertise and experience with inventory Agenda Highlights July 7, 2004 Page 2 and valuation of infrastructure assets. The highest rated firm was Berryman & Henigar, with a cost not to exceed $86,900. While City staff does not tike, or agree with this new requirement, we have no real choice in the matter. It is essentially an unfunded mandate. Item 3m. White Lane / State Route 99 Proiect. The Department of Transportation (CaITrans) is currently constructing an auxiliary lane on southbound State Route 99 from Planz Road to White Lane and reconstructing the southbound exit ramp at the White Lane Interchange. In order to expedite the project, CalTrans requested that the City acquire land for additional right-of-way necessary to construct the improvements, and obligated $125,000 for this purpose. It became apparent, through appraisals of the properties, that the impacts to the affected property owners are considerably higher than originally estimated. CalTrans has approved an additional $125,000 for a total of $250,000 to acquire the right-of- way. Bids: Item 3p. Accept Base Bid and Award Contract to Granite Construction Company to Resudace Various Streets in the amount of $1.643.461.30 fFY 2003/04). Three acceptable bids were received, with Granite Construction Company being the Iow bidder. To fund the project, staff recommends use of an available $1,000,000 from a streets resurfacing project in the FY 2004/05 CIP Budget and transferring $800,000 from the Streets Divisions Operating Budget to the CIP Budget. The difference of $156,538 wil1 be available for potential change orders, material testing services, construction inspection services and other miscellaneous costs. Item 3q. Award Contract to Brown and Fowler Construction for the Wayside Plavaround Rehabilitation Project in the amount of $208,872.25. The project consists of furnishing and installing a complete new playground. One acceptable bid was received. Staff recommends award to Brown and Fowler Construction. Miscellaneous: Item 3u. Residential Cul de Sac Parkina Reaulation. During Public Statements at the last Legislative and Litigation Committee meeting, a citizen brought to the Committee's attention problems with parking in cul de sacs in residential areas. In conformance with Council policy, the Committee is asking that this issue be referred to the Legislative and Litigation Committee for review, discussion and recommendation. Item 3w. Appropriate Contributions Totalinq $45,280 to the Recreation and Parks Department OPeratina Budqet within the General Fund for Various Recreation Proqrams. The community has contributed to several programs which had been slated for reductions or elimination. The donors are listed in the administrative report. CONSENT CALENDAR HEARINGS Item 4a. Public Hearinq to Consider Resolution reqardinq Cost Recovery Fees - Fire. The Certified Unified Program Agency (CUPA) Fees were last increased in 2002 and most other Fire Department fees have been increased nominal amounts over the past two years; however, the fee increases did not recover the true cost of providing the services. The Fire Department is now proposing to increase the majority of their fees approximately 20% in order to recover 100% of the cost of providing the services. Most fire fees are generated as a result of increased local development necessitating the need for more fire safety inspections, inspections for new construction (alarms, sprinklers), administering the Underground Storage tank program and inspections of the business plans for facilities handling hazardous materials. Agenda Highlights July 7, 2004 Page 3 Fire Department staff met with representatives of the Building Industry Association (BIA), who indicated that ail questions were answered by staff and that there was no opposition to the proposed fee increases. Therefore, staff is recommending the proposed fee increases and decreases be adopted by resolution, and become effective July 8, 2004. A summary of the fees proposed to change, and the increases and decreases recommended by staff, are detailed in the administrative report. CLOSED SESSION There will be a conference with legal counsel regarding one case of potential litigation. CONTINUATION OF REGULAR MEETING - 7:00 p.m. HEARINGS Item 11a. General Plan Amendment No. 04-0457 to Chanqe the Circulation Element for an Area Located Generally South of State Hiqhway 178, East of Comanche Drive. This amendment would set the stage for the development of the collector segment to be extended south of State Highway 178 to realign in an east-west direction to meet with Chase Avenue at Comanche Drive and establish a new collector alignment east of Miramonte Drive. The Public Works Department has determined that these changes will allow for improvements to the overall circulation system in the general area. This proposal is the result of recent circulation problems identified in the new residential developments adjacent the Rio Bravo Golf Course. A series of meetings with Councilman Maggard, property owners and staff have culminated in this proposal. It is also acknowledged that some of this area south of Rio Bravo will convert to urban uses and the need to make alterations in the traffic pattern is needed to accommodate future higher traffic generation. The Planning Commission unanimously approved the request. Items 1 lb.. 1 lc. and 1 ld. Continued Public Hearinas to Consider Resolutions Denyinq Appeals by Rio Bravo Residents and Homeowner's Associations reaardina Vestinq Tentative Tract Maas 5516. 5517 and 6243. Generally Located South of Hiqhway 178, East of Miramonte Drive, Within the Rio Bravo Golf Course Community. These hearings were continued from the June 9, 2004 Council meeting so that staff, the applicant, and the area Councilmember could continue to work towards resolution of the concerns. The Planning Commission approved the tentative tract maps. The appeals are based on the opinion that circulation issues were not adequately addressed in the design of the tract map. A Planning Commission Ad Hoc Committee was formed to look into the circulation issue. Although the process allowed for a beneficial flow of information and ideas, the Committee found it impossible to resolve all the circulation issues to the full satisfaction of either the applicants or residents of the area. The Planning Commission did require some changes to the subdivision designs to the extent permitted by laws and standards regulating subdivisions. These included blocking access to some streets, but not Casa Club Drive; requiring an alternative access to Miramonte Drive through the new subdivisions; and an obligation for the subdividers to pay a pro rata share of the cost of a new road to Comanche Drive. The Traffic Engineer found that the existing roads have adequate capacity to carry the additional traffic of these subdivisions. Staff is supportive of the conditions set forth by the Planning Commission, which include Emergency access only from Vista Grande Drive to tract 5516; contribution from the applicant for tracts 5516 and 5517 toward a future connection from Miramonte Drive to Comanche Road; establishment of a construction vehicle road along a southerly all weather access road to reduce the amount of heavy construction equipment using Casa Club Drive; and earlier timing of paving for the southerly access road Agenda Highlights July 7, 2004 Page 4 to make it available for full access to all three subdivisions. Staff recommends denial of the appeals and approval of the tract maps. Item 11e. Hearina reaardinq the Appeal of Brian Castle to Chanqe the Name of Windsonq Street to Ashley Castle Street. This issue is the result of a tragic fatal accident. Staff is recommending adoption of the resolution in favor of changing the street name, which is a reversal of the recommendation to the Planning Commission. Staff believes very strongly, however, that the street name policy should be amended simultaneously with this action so that street name chanqes to recoqnize accident victims will no Ionqer be received or considered in the future. One reason is that it places citizens and the City in an unfortunate emotional circumstance. While many property owners do not want the inconveniences and costs associated with a name change, it is very hard to say no to grieving family members. It can also be very costly to change street name signs, computer information, GIS data, maps, personal identification of property owners, and many other changes are necessitated as a result of these actions. Additionally, depending on the victim's name and similarity to other street names, it can be a problem for public safety responders, the post office, and delivery services. Approved: John W. Stinson, Assistant City Manager cc: Department Heads City Clerk's Office New~ Media File (Ward 6) (Ward 1) (Ward !) (Ward 4) BAKERSFIELD CITY COUNCIL AGENDA JULY 7, 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. ROLLCALL 2. PUBLIC STATEMENTS 3. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of June 23, 2004. Payments: Approval of department payments from June 11, 2004 to June 24, 2004 in the amount of $9,349,489.35 and self insurance payments from June 11, 2004 to June 24, 2004 in the amount of $175,016.50. Ordinances: First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 123-11 ) of Title 17 of the Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned Commercial Development) zone to allow a self-storage and recreational vehicle storage facility on 5.97 acres generally located on the northwest corner of Wilson and South Real Roads. (ZC03~ 1514) (Derrels Mini Storage/Jim Marino) First Reading of Ordinance adding Section 15.64.055 to the Municipal Code related to smoking regulations in enclosed areas. Resolutions: Resolution confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties for which dangerous buildings have been demolished and authorize collection of the assessments by the Kern County Tax Collector. Resolution confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. g. Brimhall Planned Drainage Area: Resolution of Intention No. 1338 to establish the drainage plan for the Brimhall Planned Drainage Area and preliminarily approving the boundaries of the area and the cost and fee schedule. First Reading of Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to drainage facilities. (Ward 4) (Ward 1,3,4,7) (Ward 1,2,4,5,7) I, CONSENT CALENDAR continued (Ward 7) m. Resolution of Application proposing proceedings for annexation of uninhabited territory identified as Annexation No. 469 located at the northwest corner of Brimhall Road and Calloway Drive. Agreements: i. Tract Maps and Improvement Agreements: Final Map with ADH Corporation for Tract 6140 Phase 3 located east of Oswell Street and south of State Route 58. Final Map and Improvement Agreements with Stuart Thomas Inc., dba Lennox Homes for Tract 6192 Unit 1 located south of Hosking Avenue and east of South H Street. Final Map and Improvement Agreements with Pulte Home Corp. for Tract 6160 located south of State Route 178 and east of Miramonte Drive. Final Map and Improvement Agreements with McMillin Crystal Ranch, LLC, for Tract 6146 Unit 2 located west of Jewetta Avenue and north of Noriega Road. Final Map and Improvement Agreement with McMillin Crystal Ranch, LLC, for Tract 6146 Unit 3 located west of Jewetta Avenue and north of Noriega Road. Final Map and Improvement Agreement with Coker Ellsworth, Inc., for Tract 5696 located east of Fairfax Road and north of Highland Knolls Drive. Agreement with Organizational Effectiveness Consulting, not to exceed $45,000.00, to provide strategic planning services for the Bakersfield Police Department. Agreement with Berryman & Henigar, Inc. to provide inventory valuation services related to Governmental Accounting Standards Boards (GASB) Statement #34 compliance requirements, not to exceed $86,900.00. Agreements to indemnify LAFCO for Annexation No. 450, Proceeding No. 1375 located south of McKee Road, between Wible Road and State Highway 99; Annexation No. 451, Proceeding No. 1379 located west of Calloway Drive, north of Snow Road; Annexation No. 452, Proceeding No. 1382 located north of the Kern River east of Coffee Road; Annexation No. 455, Proceeding No. 1384 located west of Allen Road north of Palm; Annexation No. 456, Proceeding No. 1375 located south of Panama lane, east of Old River Road; and Annexation No. 458, Proceeding No. 1386 located east of Oswell Street, generally south of State Route 178. White Lane/State Route 99 Project: Amendment No. 1 to Cooperative Agreement No. 03-119 with the State of California, Department of Transportation for the City to perform right of way acquisition for State Route 99 southbound auxiliary lane, from Planz Road overcrossing to White Lane. Appropriate $125,000.00 State funds to the Capital Improvement Budget within the ISTEA Fund. 3. CONSENT CALENDAR continued (Ward 1) (Ward 7) Bids: Accept bids to award annual contract to Amber Chemical, Inc. and Kemiron Companies, Inc., not to exceed the budgeted amount of $50,000.00, for chemicals for the City's Wastewater Treatment Plants. o. Resurfacing Various Streets 2003~2004: Accept base bid to award contract to Granite Construction Company ($1,643,461.20) for the Project. Transfer $800,000.00 of appropriations from the Streets Division's Operating Budget to the Capital Improvement Budget within the Gas Tax Fund. Accept bid to award contract to Brown and Fowler Construction ($208,872.25) for Wayside Playground Rehabilitation Project. Extend bid from South Kern Machinery ($39,896.98) for one (1) additional diesel powered rotary mower for the Parks Department. r. Reject all bids for Mount Vernon Recycling Facility loading dock structure. s. Reject all bids for Sewer Cleaner Truck. Miscellaneous: Residential Cul De Sac Parking. (Staff recommends referral to Legislative and Litigation Committee) u. Dedication of Property: Easement Deed to Pacific Gas & Electric Company, for the relocation of the their facilities through the City's permanent drainage basin site on the north side of Panama Lane approximately 473 feet east of Colony Street. Appropriate contributions totaling $45,280.00 to the Recreation and Parks Department Operating Budget within the General Fund for various recreation programs. Staff recommends adoption of Consent Calendar items a through v. CONSENT CALENDAR HEARINGS a. Public Hearing to consider resolution adopting fees pursuant to the Cost Recovery Program. Staff recommends adoption of the resolution. CLOSED SESSION Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One (1) potential case. RECONVENED MEETING - 7:00 p.m. 6. ROLL CALL 7. INVOCATION by Pastor Steven D. Yeary, Brimhall Road Assembly of God Church. 8. PLEDGE OF ALLEGIANCE by Melissa Moore, 4~ Grade Student at Buena Vista Elementary School. 9. CLOSED SESSION ACTION t0. PUBLIC STATEMENTS 11. HEARINGS - Council may hear Consent hearing items listed but not heard at 5:15 pm portion of meeting (Ward 3) General Plan Amendment No. 04-0457; The City's Public Works Department has proposed a General Plan Amendment, located generally south of State Highway 178, east of Comanche Drive: Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the Circulation Element to re-align the collector segment of Miramonte Drive south of State Highway 178 to realign in an east-west direction to align with Chase Avenue to Comanche Drive and establish a new collector alignment east of Miramonte Drive. Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment. (Ward 3) Continued Public Hearing to consider Resolution denying the appeal by Rio Bravo Residents and Homeowner's Associations, upholding the decision of the Planning Commission, adopting the Negative Declaration, and approving Vesting Tentative Tract Map 5516 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer - Porter Robertson/Subdivider - GFC Properties). Staff recommends adoption of resolution denying the appeal, upholding the decision of the Planning Commission approving the Negative Declaration and Vesting Tentative Tract Map 5516. (Ward 3) Continued Public Hearing to consider Resolution denying the appeal by Rio Bravo Residents and Homeowner's Associations, upholding the decision of the Planning Commission, adopting the Negative Declaration, and approving Vesting Tentative Tract Map 5517 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer - Porter Robertson/Subdivider - GFC Properties. Staff recommends adoption of resolution denying the appeal, upholding the decision of the Planning Commission approving the Negative Declaration and Vesting Tentative Tract Map 5517. (Ward 3) Continued Public Hearing to consider Resolution denying the appeal by Rio Bravo Residents and Homeowner's Associations, upholding the decision of the Planning Commission, adopting the Negative Declaration, and approving Vesting Tentative Tract Map 6243 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer - Porter Robertson/Subdivider - Three Views, Ltd. Partnership) Staff recommends adoption of resolution denying the appeal, upholding the decision of the Planning Commission approving the Negative Declaration and Revised Vesting Tentative Tract Map 6243. 11. (Ward 4) '12. 13. HEARINGS continued Public Hearing to consider Resolution changing the name of Windsong Street to Ashley Castle Street (Brian Castle) and resolution to amend the changing of street name policy. Staff recommends adoption of resolution approving the street name change from Windsong Street to Ashley Castle Street, and amending the street name policy so that applications to name streets for accident victims will no longer be accepted or considered in the future. COUNCIL AND MAYOR STATEMENTS ADJOURNMENT pi 7/1/04 3:30pm Respectfully submitted, Alan Tandy City Manager 5 ADMINISTRATIVE REPORT Mi?' I lNG DATE: July 7, 2004 AGENDA SECTION: Consent Calendar ITEM: ~.2,A. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk June 25, 2004 APPROVED DEPARTMENT HEAD(~ CITY ATTORNEY. CITY MANAGER Approval of minutes of the June 23, 2004 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 IAGENDA SECTION: Consent Calendar ITEM: ~,,~, b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 24, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Approval of department payments from June 11, 2004 to June 24, 2004 in the amount of $9,349,489.35 and self insurance payments from June 11, 2004 to June 24, 2004 in the amount of $175,016.50 RECOMMENDATION: Staff recommends approval of payments totaling $9,524,505.85 BACKGROUND: klg June 24, 2004, 10:30AM S:~KimG\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Consent ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services- Planning June 16, 2004 ~..~--~'ROVED DEPARTMEN,,T/HEAD c,Ty CITY MANAGER An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 123-11) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned Commercial Development) zone to atlow a self-storage and recreational vehicle storage facility on 5.97 acres generally located on the northwest corner of Wilson and South Real Roads (FILE # 03-1514) (Derrets Mini-storage/Jim Marino) (Ward 6) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On May 20, 2004, the Planning Commission recommended approval of a PCD (Planned Commercial Development) zone to allow a 122,000 square foot self-storage and recreational vehicle storage facility on 5.97 acres located on the northwest corner of Wilson and South Real Roads. The facility will be operated in conjunction with the existing Derrel's mini-storage located on the south side of Wilson Road. Only the applicant spoke at the Planning Commission hearing. No one spoke in opposition to the project. The applicant held a neighborhood meeting on February 23, 2004 at Stine School. The applicant sent notices to property owners within 300 feet of the project inviting them to attend an informational meeting regarding the proposed mini storage project. The meeting was held with no one attending or making comments. This in-fill project will be developed in two phases. The first phase will include completion of the perimeter storage buildings on all sides totaling approximately 86,400 square feet of building area. Aisc included in the first phase are all street improvements, and landscaping. The perimeter storage walls are proposed at 8'4" in height as is typical with Derrel's facilities. No setback is proposed along the rear and side yards for the perimeter structures. The rear of these perimeter buildings serve as the perimeter walls for the project. A minimum 6-foot high masonry wall is required along the portions of the perimeter where no structure is located. ADMINISTRATIVE REPORT The interior of the project would be rough graded and covered with a gravel base with Phase 1. These graveled areas are for covered and uncovered temporary RV storage. Phase 2 of the project is the removal of the RV storage and construction of the interior storage buildings. The timing of Phase 2 is dependent upon market demands. The RV storage is intended to be temporary until there is a demand for constructing the interior storage units. Some of the RV storage will provide covers that range from 12 feet to 15 feet in height. The applicant indicates options for RV covers include shade structures with open sides, partially enclosed and fully enclosed shade structures. The applicant has agreed to several conditions of approval to address lighting, security camera placement and pole heights that limit intrusion into the adjacent residential neighborhood. These conditions mirror conditions the Council recently attached to a Derrels mini-storage project in a similar setting on Wible Road, south of Panama Lane. In 1979, the developer at the time deeded 30-feet of land to each single family residential lot along the west boundary. This additional 30-feet has extended the back yards of the homes, and created a buffer between the homes and the commercial development. The previous PCD plans approved for the project site included a mix-use retail shopping center (Zone Change 4956 approved in 1990) and a stand-alone grocery store (Zone Change 5442 approved in 1993). Neither of these projects were built and the property has remained undeveloped. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised in accordance with CEQA. JE Admin\jul\7-7-1514 ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Consent Calendar ITEM: ~,,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney June 30, 2004 APPROVED DEPARTMENT HEAD ~--~ CITY ATTORNEY .~,~ CITY MANAGER ~ An Ordinance adding Section 15.64.055 to the Bakersfield Municipal Code related to smoking regulations within enclosed areas. RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: California law prohibits smoking in most places of employment. It also provides that to the extent State law does not regulate smoking of tobacco products, local laws may be implemented. This ordinance basically adopts State standards regarding smoking and fills the loophole in State law by prohibiting smoking lounges to be located in or adjacent to bars. Most importantly, and in addition to criminal or civil enforcement, this ordinance allows for more effective enforcement by allowing the Fire Chief or his designee to enforce violations of the ordinance administratively through fines. RMS:dll S:/COUNCIL~Adrmns\I 5 63 055 SmokingRegsAdrc~n doc June 30, 2004 4:33 PM ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 IAGENDA SECTION: Consent ITEM ,,:~. ~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building June 22, 2004 APPROVED DEPARTMENT HE AD~-~/? CITY ATTORNEY CITY MANAGER A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished and authorize collection of the assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on June 14, 2004, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were determined by the Building Director to pose an imminent threat to the health and safety of the citizens of the City of Bakersfield, and therefore, subject to summary abatement under Bakersfield Municipal Code Chapter 8.80. The property owners were notified and failed to comply with the Notice of Summary Abatement. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 301 S. Owens Street 018-290-13-00-2 $ 6,575.00 2. 915 Q Street 009-171-12-00-5 $ 1,629.00 As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisance listed above was demolished under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the Costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work per¢ormed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. JULY30B1 D HRG June 22, 2004, 4:40PM P:\july7bld.doc ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 IAGENDA SECTION: Consent ITEM ~ ,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building June 22, 2004 CITY MANAGER A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debds and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Ward 1) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on June 14, 2004, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward l/Councilmember Carson 1. 707 Baldwin Farms Drive 516-091-09 $ 489.00 2. 6825 Betty Street 516-032-21 $ 344.00 3. 420 S. Brown Street 019-072-02 $ 539.00 4, 607 S. Haley Street 019-102-16 $ 739.00 5. 3508 Horne Street 172-091-33 $ 744.00 6. 500 L Street 009-440-01 $ 520.00 7. 501 L Street 009-302-10 $ 440.00 8. 1003 & 1005 L Street 009-112-08 & 09 $ 343.00 9. 310 Ohio Drive 169-070-20 $ 344.00 June 22, 2004, 4:40PM P:\julyTbll doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST 10. 3513 Oliver Street 172-102-16 $ 270.00 11. 212 S. Owens Street 018~230-09 $ 1,270.00 12. 1010 P Street 009-052-08 $ 430.00 13. 915 Q Street 009-171-12 $ 1,339.00 14. 1104 2nd Street 010-240-14 $ 1,019.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. June 22, 2004, 4:40PM P:\julyTbll .doc MEETING DATE: July 7, 2004 ADMINISTRATIVE REPORT IAGENDA SECTION: Consent Calendar ITEM: ,~. ,~. TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 23, 2004 Brimhall Planned Drainage Area (Ward 4) ,~,~3IROVED DEPARTMENT HEAD // CITY ATTORNEY CITY MANAGER Resolution of Intention No. 1338 to establish the drainage plan for the Brimhall Planned Drainage Area and preliminarily approving the boundaries of the area and the cost and fee schedule. Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to Drainage Facilities. (First Reading) RECOMMENDATION: the ordinance. Staff recommends approval of the Resolution of Intention and first reading of BACKGROUND: The City is proposing a drainage system to consolidate the drainage facilities for the area north of Brimhall Road and between Jewetta Avenue and Verdugo Lane. The proposed system will consist of a pipeline system that will drain water to a central basin. Funding for this project would be through a Planned Drainage Area (PDA). Future developments in this area would pay their proportionate share of the cost of this project. This resolution preliminarily approves the boundaries of the Area, the cost of the improvements and the assessment fee schedule. This ordinance adds the Brimhall Planned Drainage Area to the list of Drainage Areas for which subdividers/developers are charged at time of development to pay the cost of constructing the planned facilities. June 23, 2004, 5:45PM G:\GROUPDAT~ADMINRPT~2004\07-07~BrimhalI-Admin_Res of Int. DOC Jh/Cv ADMINISTRATIVE REPORT IMEETING DATE: July 7, 2004 IAGENDA SECTION: Consent ITEM: ~,~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning June 23, 2004 . ~d~PIROVED CITY MANAGER Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 469 located at the northwest corner of Brimhall Road and Calloway Drive. (Ward 4) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory, identified as Annexation No. 469 to the City of Bakersfield. The proposed annexation consists of 8.5 acres of uninhabited land located at the northwest corner of Brimhall Road and Calloway Drive. The property owner has consented to annexation. The owner wants to receive city services. MO p:admin\july\7-7-469 ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA S,ECTION: Consent Calendar ITEM: 9. I, TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) (5) (6) Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 18, 2004 Tract Maps and Improvement Agreements APPROVED DEPARTMENT HEA~~a_~ CITY ATTORNEY CITY MANAGER Final Map with ADH Corporation for Tract 6140 Phase 3 located east of Oswell Street and south of State Route 58. (Ward 1) Final Map and Improvement Agreements with Stuart Thomas Incorporated DBA Lennox Homes for Tract 6192 Unit t located south of Hosking Avenue and east of South H Street. (Ward 7) Final Map and Improvement Agreements with Pulte Home Corporation for Tract 6160 located south of State Route 178 and east of Miramonte Drive. (Ward 3) Final Map and Improvement Agreements with McMillin Crystal Ranch, LLC, for Tract 6146 Unit 2 located west of Jewetta Avenue and north of Noriega Road. (Ward 4) Final Map and Improvement Agreement with McMillin Emerald Estates, LLC, for Tract 6146 Unit 3 located west of Jewetta Avenue and north of Noriega Road. (Ward 4) Final Map and Improvement Agreement With Coker EIIsworth, Inc., for Tract 5696 located east of Fairfax Road and north of Highland Knolls Drive. (Ward 3) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. June 18, 2004, 4:39PM G:\GROUPDAT~ADMINRPT~.004\07-07\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 IAGENDA SECTION: Consent Calendar TEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council William R. Rector, Chief of Police June 22, 2004 DEPARTMENT HEAD /7.~ CITY MANAGER ~ An agreement with Organizational Effectiveness Consulting, not to exceed $45,000.00 to provide strategic planning services for the Bakersfield Police Department. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The City published request for proposals seeking a vendor to facilitate a strategic plan which will provide guidance for decision making and continuous development of future services. The purpose of the strategic planning process is to assist the Bakersfield Police Department in determining local needs which should be addressed; and developing a comprehensive and effective plan. Three proposals were received from (1) BFGC Architects Planners Inc., (2) Organizational Effectiveness Consulting, and (3) Catalano, Fenske & Associates, LLC. The proposals were reviewed by an evaluation team consisting of supervisory and management staff of the Police Department and recommends awarding the contract to Organizational Effectiveness Consulting. On October 22, 2003, Supplemental Law Enforcement Funds received from the State of California in the amount of $45,000 was appropriated to fund this strategic plan. rcu June 22, 2004, 10:22AM P:~ADMRPT~Strategic Planning Services.doc ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 IAGENDA SECTION: Consent Calendar ITEM: ~,~. ~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 29, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER. Agreement with Berryman & Henigar, Inc. to provide inventory valuation services related to Governmental Accounting Standards Board (GASB) Statement #34 compliance requirements, not to exceed $86,900. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: In 1999 the GASB issued Statement #34, which mandated additional reporting requirements of all public agencies. The City has complied with many of the reporting requirements beginning with our June 30, 2002 financial statements. One major component of GASB #34 was related to the reporting of infrastructure assets in the public agency financials. This would include assets such as streets, traffic signals, median landscaping, street lights and a list of other items that have previously not been valued and reported as assets in our financial statements. The City must comply with this portion of the new requirements no later than June 30, 2006; with comparative data provided as of June 30, 2005. The City does not have the expertise to accumulate this huge amount of data and then appraise and value the various types of assets associated with this reporting requirement. A Request for Proposal (RFP) was distributed for these services back in December 2002. Sixteen firms in California were identified as having some experience and/or expertise in providing this type of inventory and valuation service and the City invited them all to submit a proposal to provide the referenced services. In January 2003 we received proposals from seven firms, with estimated costs ranging from $68,200 to $256,200. At this point in the process we were asked to put this project on hold due to budget concerns. The monies for the project were frozen and all of the firms that submitted a proposal were informed of our budget situation. In April 2004 we received permission to proceed with the selection of a consultant with the understanding that funds might be made available in the 2004-05 budget for the City to fully comply with the reporting mandates of GASB 34. We invited the three lowest bid firms to the City for a panel interview with City staff to verify their understanding of the project and confirm their expertise and experience with inventory and valuation of infrastructure assets. The three firms invited to the interviews were: American Appraisal Associates Berryman & Henigar, Inc. Omnis, Inc. Los Angeles, CA $ 68,200 San Diego, CA $ 86,900 Chino Hills, CA $104,170 June 29. 2004, 11:34AM S:\NELSON~Admin~inventory valuation 2004-05.doc ADMINISTRATIVE REPORT The City panel included the Assistant Finance Director, the Public Works Operations Manager, the GIS supervisor, a Public Works Civil Engineer III and an Accounting Supervisor. The five panel members reviewed the written proposals and graded the interview applicants based on the following criteria: 1) Understanding of the engagement; 2) Acceptability of approach and work plan; 3) Qualifications of the firm; 4) Qualifications of assigned staff; and 5) Overall fees. The lowest bid on price alone was $68,200; submitted by American Appraisal Associates. This firm was interviewed and was deemed unacceptable by the panel. The second Iow bid was submitted by Berryman & Henigar ($86,900). The City panel unanimously agreed that Berryman & Henigar was well qualified and was ranked the most responsive bidder who could accomplish this project at an acceptable price. Four references were checked with other cities that have had recent experience with this firm (and the same project manager) and all four references gave positive feedback regarding both the firm and the project manager. klg June 29, 2004, 11:34AM S:\NELSONV~dmin-inventory valuation 2004--05,doc ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Consent TO: Honorable Mayor and City Council APPROVED FROM: Development Services o Planning DEPARTMENT DATE: June 23, 2004 CITY AI'rORNEY/~ /-~ / CITY MANAGER SUBJECT: Agreements to Indemnify LAFCO for City Annexation No. 450, Proceeding No. 1375 located south of McKee Road, between Wible Road and State Highway 99; City Annexation No. 451, Proceeding No. 1379 located west of Calloway Drive, north of Snow Road; City Annexation No. 452, Proceeding No. 1382 located north of the Kern River east of Coffee Road; City Annexation No. 455, Proceeding No. 1384 located west of Allen Road north of Palm; City Annexation No. 456, Proceeding No. 1375 located south of Panama Lane, east of Old River Road; and City Annexation No. 458, Proceeding No. 1386 located east of Oswell Street, generally south of State Route 178. (Wards 1,2, 4, 5, 7) RECOMMENDATION: Staff recommends adoption of agreements. BACKGROUND: The Local Agency Formation Commission (LAFCO) is processing the annexations and will place a condition that the city indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation areas. The agreement provides that if LAFCO is sued for approving the City's application for annexation, the city will bear the burden of defense. The property owners of the annexation areas have all consented to annex their properties to the city. The annexation areas total approximately 865 acres. All the annexation areas are uninhabited except for Annexation No. 455 which is located west of Allen Road, generally south of Rosedale Highway and contains 86 single family homes. The residents of the subdivision have attended meetings with city staff and agree to annex to the city. LAFCO will conduct a protest hearing for this annexation prior to completion. No hearing date has been scheduled to date. MO Admin\jul\7-1-450+ ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 IAGENDA SECTION: Consent Calendar ITEM: ,~o r~ ~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 24, 2004 White Lane / State Route 99 Project (Ward 7): APPROVED DEPARTMENT HEAD CITY ATTORNEY ClTY MANAGER Amendment 1 to Cooperative Agreement No. 03-119 with the State of California, Department of Transportation for the City to perform right of way acquisition for State Route 99 southbound auxiliary lane, from Planz Road overcrossing to White Lane. Appropriate $125,000 Caltrans funding to the Capital Improvement Budget within the ISTEA Fund. RECOMMENDATION: Staff recommends approval of amendment and appropriation. BACKGROUND: The Department of Transportation is currently constructing an auxiliary lane on southbound State Route 99 from Planz Road to White Lane and reconstructing the southbound exit ramp at the White Lane Interchange. In order to expedite the project, the Department of Transportation requested the City to perform land acquisition for additional right of way necessary to construct the improvements. In the original Cooperative Agreement, Caltrans obligated $125,000 to the City for the purchase of the additional right of way. In the process of acquiring the additional right of way, it has become apparent, through appraisals of the properties, that the impacts to the affected property owners are considerably higher than Caltrans originally estimated. Caltrans has reviewed the City's appraisals and has approved an additional obligation of $125,000 for a total of $250,000. nvf 6/28/2004 3:3022 PM G:\G R OU PDAT~A D MIN R PT~2.004\07 ~) 7~Ame nd Caltrans_WhiteLane_Coop doc ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Consent Calendar ITEM: ~,~. I'1, TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 22, 2004 APPROVED DEPARTMENTHEAD~,/~~ ClTYATFORNEY ClTY MANAGER ~'~ SUBJECT: Accept bids to award annual contracts to Amber Chemical, Incorporated, and Kemiron Companies, Incorporated, not to exceed the budgeted amount of $50,000.00, for chemicals for the City's Wastewater Treatment Plants. RECOMMENDATION: Staff recommends acceptance of bids and award of contracts. BACKGROUND: These contracts will be used to provide chemicals for wastewater treatment. Four (4) bids were received. Departments estimate quantities and types of supplies that may be required for the contract period. The unit prices of the four (4) bidders were compared to determine the Iow bidder, and the lowest prices were offered by Amber Chemical, Incorporated and Kemiron Companies, Incorporated. Purchasing Division DW:Ijm P:~ADMIN~.004 AOMIN\C04_0707_A_Wastewater Treatment Chemicals.doc June 22, 2004, 9:01AM ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Consent Calendar ITEM: ~). O · TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 24, 2004 ~I~ROVED DEPARTMENT HEAD I Ik~ ~. CITY ATTORNEY ~ CITY MANAGER ~ Resurfacing Various Streets 2003/2004 (All Wards): 1. Accept base bid to award contract to Granite Construction Company ($ 1,643,461.20) for the Project. 2. Transfer $800,000 of appropriations from the Streets Division's Operating Budget to the Capital Improvement Budget within the Gas Tax Fund. RECOMMENDATION: Staff recommends acceptance of iow bid, award of contract, and approval of transfer. BACKGROUND: The Base Bid of this project consists of resurfacing the following streets: Tower Way - Mohawk Street to West Commercenter West Commercenter - Tower Way to California Avenue East Commercenter - California Avenue to Business Park North Business Park North - Mohawk Street to East Commercenter Mohawk Street - California Avenue to Business Park North Lily Drive - White Lane to Olympia Drive La Costa Street - Auburn Street to University Avenue University Avenue - River Boulevard to Haley Street Haley Street - Columbus Street to University Avenue Chester Lane - Oak Street to Oleander Drive Real Road - Stockdate Highway to California Avenue South Laurelglen Boulevard - Gosford Road to El Portal Drive Scarlet Oak Boulevard - Mountain Oak Drive to Ming Avenue Wilson Road - Agate Street to Hughes Lane Funds in the amount of $1,000,000 are available from a streets resurfacing project in the FY04/05 Capital Improvement Program Budget. Staff recommends award of base bid and transfer of additional funds in the amount of $800,000. The difference between the base bid and the amount to be appropriated is $156,538. This amount will be available for potential change orders, material testing services, construction inspection services and other miscellaneous costs. The determination of Iow bid was based on the Total Base Bid only, as specified in the project specifications per legal requirements. ADMINISTRATIVE REPORT Three acceptable bids were received on June 24, 2004, as follows: Granite Construction Company James Road Bakersfield, CA 93308 (County) Bowman Construction 3527 Brian Way Bakersfield, CA 93308 (County) Griffith Company 1898 South Union Avenue Bakersfield, CA 93307 (City) in the amount of in the amount of in the amount of Total Base Bid Total Additive Alternate #1 Total Additive Alternate #2 Total Additive Alternate #3 Total Base Bid Total Additive Alternate #1 Total Additive Alternate #2 Total Additive Alternate #3 Total Base Bid Total Additive Alternate #1 Total Additive Alternate #2 Total Additive Alternate #3 $1,643,461.20 $78,287.70 $153,351.00 $177,771.10 $1,651,816.89 $66,636.20 $142,512.48 $153,022.90 $1,667,190.61 $59,937.83 $124,177.78 $141,133.78 cmw ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen Director of Recreation and Parks June 23, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Accept Bid to Award Contract to Brown and Fowler Construction in the Amount of $208,872.25, for Wayside Playground Rehabilitation Project. (Ward 1). RECOMMENDATION: Staff recommends acceptance of bid and award of the contract. BACKGROUND: The project consists of furnishing and installing a complete new playground at Wayside Park. Bid packets were sent out to eleven (11) contractors. One (1) bid was received. The lowest responsible bid for Wayside Playground Rehabilitation Project totals $208,872.25. The project is funded with CDBG funds. The single bid received is below the engineers estimate for the project and is from a contractor that has performed satisfactorily on similar projects for the city in the past. One (1) bid was received as follows: Brown and Fowler Construction 3008 Antonino Avenue Bakersfield CA 93308 in the amount of $208,872.25 June 25, 2004, 11:54AM P:\Wayside playAd min Rpt Form .doc ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 22, 2004 TO: FROM: DATE: AGENDA SECTION: Consent Calendar TEM: ~, ~{~. APPROVED DEPARTMENT HEAD .,~. ~'~c'~*~- CITY A'I'TORNEY ~/'~ C, MA. AGER SUBJECT: Extend bid from South Kern Machinery, $39,896.98, for one (1) additional diesel powered rotary mower for the Parks Department. RECOMMENDATION: Staff recommends extension of bids. BACKGROUND: At the Council meeting of July 30, 2003, South Kern Machinery was awarded the bid for the purchase of diesel powered rotary mowers. The specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost for a period of time after acceptance of the original bid. South Kern Machinery has indicated their approval of extending the same per unit cost for this purchase. This bid reflects a 26% discount available through California Multiple Award Schedule B (CMAS), a California State contract. Purchasing Division DW:ljm P:~ADMIN~2004 ADMIN\C04_0707_C_Diesel Powered Rotar~ Mower.doc June 22, 2004, I0:39AM MEETING DATE: July 7, 2004 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: ~.,~. ¢'. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 24, 2004 APJI~clOVED DEPARTMENT HEAD CITY A'rFORNEY C MA.A ER Reject all bids for Mount Vernon Recycling Facility Loading Dock Structure (Ward 1). RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: This project consists of a truck loading ramp below ground, and asphalt paving. bids received are significantly higher than the Engineer's estimate of $115,000. Four bids were received on June 22, 2004 as follows: W.M. Lyles 1210 W. Olive Avenue Fresno, CA 93728 (Out of town) Granite Construction Company 585 W. Beach Street Watsonville, CA 95076 (Out of town) Mauldin-Dodmeier Const., Inc. 3240 N. Millbrook Fresno, CA 93726 (Out of town) Brown & Fowler Construction 3008 Antenine Avenue Bakersfield, CA 93308 (Local) in the amount of in the amount of in the amount of in the amount of $216,920 $222,770 $248,640 $257,825 The Staff recommends combining this project with the new loading dock included in the 04/05 CIP. The projects will then be re-advertised with construction to commence in the spring of 2005. REB/PW-Engr. June 24, 2004, 2:01 PM G:\GROUPDAT~ADMINRP'F~2004\07-07~Loading Dock-Green Waste.doc ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. 5. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director June 22, 2004 APPROVED DEPARTMENT HEAD,,,¢'~ city A'n'ORNE¥ CITY MANAGER SUBJECT: Reject bids for Sewer Cleaner Truck. RECOMMENDATION: Staff recommends rejection of bids. BACKGROUND: Four (4) bids were received, however, none met the minimum specifications and all exceeded the amount budgeted. Staff will evaluate the department needs and re-bid the equipment at a later date. Purchasing Division DW:ljm P:~ADMIN~004 ADMIN\C04_0707_B_Sewer Cleaner Truck REJECT.doc June 22, 2004, 10:30AM ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Consent Calendar ITEM: 8. '!-. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager June 15, 2004 Residential Cul De Sac Parking APPROVED DEPARTMENTHEAD ~ ClTY ATTORNEY ~ CITY MANAGER ~ RECOMMENDATION: Staff recommends referral to Legislative and Litigation Committee. BACKGROUND: Under public statements at its last meeting, Mr. Michael Baker brought to the Legislative and Litigation Committee's attention problems with parking in cul de sacs in residential areas. In conformance with Council policy, the Committee is asking this issue be referred to the Legislative and Litigation Committee for review, discussion and recommendation to Council. June 30, 2004, 10:52AM P:\L&L~,dmin Reports'~,DMO4-07-O7-l-CulDeSacParking.doc ADMINISTRATIVE REPORT MEETING DATE July 7, 2004 AGENDA SECTION: Consent Calendar ITEM: 3o U..0 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director June 23, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Dedication Of Property: On City drainage basin property on the north side of Panama Lane easterly of Colony Street. (Ward 7) An Easement Deed from the City Of Bakersfield to Pacific Gas and Electric Company, a California corporation, for the relocation of their facilities through the City's permanent drainage basin site on the north side of Panama Lane approximately 473 feet east of Colony Street. RECOMMENDATION: Staff recommends approval of the grant of easement BACKGROUND: PG&E is relocating their pole line and electrical facilities in this area to allow for the construction of a right turn lane on the north side of Panama Lane at Colony Street. City Public Works staff has agreed to allow a portion of the realigned facilities to extend through the south end of the City's drainage basin property east of Colony Street. PG&E requested the easement from the City to allow for the facilities to cross City property. Said drainage basin property is more particularly described as Lot 126 of Tract No. 4117 filed for record in Book 29 of Maps, Page 111, Kern County Records. G:\GROUPDAT~ADMINRPT~2004\07-07\Ded of Property- PG&E at Panama Ln.doc ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Consent Calendar TEM: ~, ~/. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Director of Recreation & Parks June 29, 2004 APPROVED DEPARTMENT HEAD ~_~ CITY ATTORN YE~~ C 'MA.AGER Appropriate contributions totaling $45,280 to the Recreation and Parks Department Operating Budget within the General Fund for various recreation programs. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: Recently, the community has contributed to several programs offered through the Recreation and Parks Department which were slated for reductions or elimination. Numerous donations were received to assist in funding the programs for activities in FY 04-05. programs to which they will be applied: Contributor Amount Health Net $25,000 First 5 Kern $ 5,000 Kern Schools FCU $ 5,000 Bob Hampton $ 3,500 Bakersfield Californian $ 200 McMurtrey Fundraising Dinner $ 4,780 Various Sponsors $1,100 Anonymous $ 700 $45.280 The following are the amounts received and the Program MLK After-School Program Swimming vouchers/scholarships MLK Camp King MLK Camp King Scholarships Musicfest Booth Sponsor McMurtrey Aquatic Programs Program/Activity Brochure printing expenses MLK Camp King R J\ June 29, 2004, 11:09AM S:~2004 Admins\FY 04-05 Approps doc ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Hearings ITEM: ~.O.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager June 25, 2004 DEPARTMENT HEAD ClTY A11'ORNEY CITY MANAGER Resolution Adopting Fees Pursuant to the Cost Recovery Program. APPROVED RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: State law requires new fees and charges, as well as increases in existing fees and charges, be adopted by ordinance or resolution following a public hearing. The City's procedure is provided for in Chapter 3.70 of the Bakersfield Municipal Code. The Certified Unified Program Agency (CUPA) Fees were last increased in 2002 and most other Fire Department fees have been increased nominal amounts over the past two years, however, the fee increases did not recover 100% of the cost of providing the services. The Fire Department is now proposing to increase the majority of their fees approximately 20% in order to recover 100% of the cost of providing the services. Most fire fees are generated as a result of increased local development necessitating the need for more fire safety inspections, inspections for new construction (alarms, sprinklers), administering the Underground Storage tank program and inspections of the business plans for facilities handling hazardous materials. The Fire Department has several State-mandated inspections for day care and residential care facilities which are currently set at $50 per hour. Day Care and residential care facilities apply to the State for a permit. The State requires a fire clearance before the permit can be issued. The City is notified by the State and forwards an inspection report to the State upon completion of the inspection. The inspection consists of a check of all fire code conditions primarily access, exiting, signs, smoke detectors fire extinguishers etc. The cost for these inspections has not increased in years because staff assumed the fee was set by the State and limited at $50. City staff called several State agencies and none could confirm that the fees were set by their agency. Therefore, staff is recommending the fee be increased to $90 per hour to reflect the true cost of providing the service and to be consistent with other fire safety inspections performed by the department. The Fire Department discovered they were not recovering the cost of final inspections that fire inspectors perform on buildings that do not involve fire safety systems. The inspection is similar to the inspection of Day Care facilities in that the fire inspectors check access, exiting, fire extinguishers etc. Staff is recommending an additional $90 be added to the building permit for those permits which require a final inspection but do not require fire safety systems. ADMINISTRATIVE REPORT Page 2 In addition, the department is recommending a change in the minimum fee for inspection of sprinkler systems and alarms for all project inspections regardless of the size of the project. Currently, many businesses are able to avoid paying a fee because they keep the remodel project small enough so that the project does not trigger the need for an alarm permit. For example, a large project that has been divided into smaller projects to avoid permits would be the Stockdale Towers. This is a large building and a high rise. Building permits were issued but no sprinkler or alarm permits were applied for. The building has been remodeled completely suite by suite over the past several years without permits, yet the sprinkler system as well as the alarm system is integrated throughout the entire building. Staff is also recommending the minimum fees for sprinkler systems be changed from $490 to $150. This corresponds to the application of the $0.033 per square feet charge reducing the minimum square feet charge from 30,000 square feet to 5,000 square feet. The same thing applies to the alarm minimums. The current system applies the minimum for ever,/thing under 30,000 square feet. The new minimum fee applies to everything under 20,000 square feet. As an example for a 30,000 square feet installation the current fee would be the minimum fee of $195, the proposed new fee, calculated at $0.00073 per square feet would be $219. By reducing both of these minimum fees we would also intend to require permits for all modifications regardless of size. The Fire Department staff met with representatives of the Building Industry Association (BIA) and ¢,~viewed the proposed fee increases which are needed in order for the Fire Department's Prevention ~ervices Division to become 100% fee supported. The BIA representative indicated that all of their questions were answered by staff and they did not indicate any opposition to the proposed fee increases. Therefore, staff is recommending the proposed fee increases and decreases identified on Exhibit "A" the Master Fee Schedule be adopted by resolution and become effective July 8, 2004. Attached for your review is a summary of the fees proposed to change and the increases and decreases recommended by staff to the Master Fee Schedule as presented on Exhibit "A". Exhibit "A" Proposed Master Fee Schedule For 2004-05: The attached schedule is a comprehensive list of all fees authorized under the cost recovery program and is recommended to be adopted by resolution. Exhibit "B" Proposed Master Fee Schedule For 2004-05 - Proposed Changes Only: The attached schedule is a complete list of those services that staff is proposing to increase or decrease. ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 IAGENDA SECTION: Closed Session ITEM: ,.~.o~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney June 25, 2004 DEPARTMENTHEAD CITY ATrORNEY CITY MANAGER Conference with Legal Counsel -- Potential Litigation APPROVED Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9 One (1) potential case. RECOMMENDATION: BACKGROUND: VG:ls S:\COUNCIL\CI Sess~Admins~004\06-23-04 Potential.doc 6/25/2004 ADMINISTRATIVE REPORT MEETING DATE: July 7. 2004 AGENDA SECTION: Hearings ITEM: II. 0,. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning June 24, 2004 APPROVED DEPARTMENT HE~I~ CITY MANAGER ~'~ SUBJECT: General Plan Amendment No. 04-0457 (Ward 3) The City of Bakersfield, Public Works Department has proposed a General Plan Amendment, located generally south of State Highway 178, east of Comanche Drive. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change the Circulation Element to re-align the collector segment of Miramonte Drive south of State Highway 178 to realign in an east-west direction to align with Chase Avenue at Comanche Drive and establish a new collector alignment east of Miramonte Drive. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment. BACKGROUND: This amendment to the general plan would set the stage for the development of the collector segment to be extended south of State Highway 178 to realign in an east-west direction to meet with Chase Avenue at Comanche Drive and establish a new collector alignment east of Miramonte Drive. The Public Works Department has determined that these changes will allow for improvements to the overall circulation system in the general area. This proposal is the result of recent circulation problems identified in the new residential developments adjacent the Rio Bravo Golf Course. A series of meetings with Councilman Maggard, property owners and staff have culminated in this proposal. It is also acknowledged that some of this area south of Rio Bravo will convert to urban uses and the need to make alterations in the traffic pattern is needed to accommodate future higher traffic generation. The Planning Commission conducted public hearing(s) on this General Plan Amendment and recommended City Council approval on June 16, 2004. A representative from the Stockdale Oil and Gas was present at the meeting to express opposition to the new alignment in Section 22. ADMINISTRATIVE REPORT Page 2 The Public Works Department stated that this alignment will require a specific plan line to be established under a public hearing and will, at that time, be subject to more scrutiny. There is no time frame as to when that would occur. Several residents in the Rio Bravo Golf Course community were in attendance who were in support of the proposal, The Planning Commission unanimously approved the request, knowing that another public hearing on the specific plan line would be done at a later time. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a negative declaration was prepared and posted on May 24, 2004, in accordance with CEQA. MO Admin~july~7-7-0457 ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Hearings ITEM: I[. IO. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning June 25, 2004 DEPARTMENT ~Il'ROvED CiTY ATTORNE~Yy /~ ;/'~ CITY MANAGER ~(~ Continued public hearing to consider resolution denying the appeal by Rio Bravo Residents and Homeowner's Associations, upholding the decision of the Planning Commission, adopting the Negative Declaration, and approving Vesting Tentative Tract Map 5516 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer - Porter-Robertson / Subdivider - GFC Properties) (Ward 3). RECOMMENDATION: Staff recommends adopting the resolution denying the appeal, upholding the decision of the Planning Commission approving the Negative Declaration and Vesting Tentative Tract Map 5516. BACKGROUND: On April 15, 2004 the Planning Commission unanimously approved this project based recommendations from an Ad Hoc Committee which was appointed to review the issues presented by the Rio Bravo Residents at the public hearings. This project was appealed on the basis of circulation issues that the Rio Bravo Residents and Homeowner's Associations did not feel were adequately addressed in the design of the tract map. The project consists of a vesting tentative tract map containing 139 lots for single family residential purposes on 74.47 acres zoned R-1 (One Family Dwelling) and R-1 (One Family Dwelling-Hillside Development). The application includes a request to allow private streets, reverse corner lots, streets that do not meet the minimum radius standard, non-radial/non-perpendicular lot lines, block lengths that exceed standard and a waiver of mineral rights owners signatures pursuant to BMC Section 16.20.060 B.I. To eliminate redundancy and for purposes of paperwork reduction, all background materials which pertain to circulation issues within Tracts 5517, 5516, 6243 (which are being heard concurrently) have been included in the background materials for this project. As Tracts 5516 and 5517 are located in the same general location, and have the same applicant, one Negative Declaration was ADMINISTRATIVE REPORT Page 2 prepared to address the environmental impacts of both of these subdivisions. An addendum to the Negative Declaration was prepared to address environmental issues relative only to Tract 5517. For purposes of paperwork reduction the background materials which pertain to environmental issues for Tracts 5516 and 5517 (Negative Declaration) have been included in the Background Materials with Tract 5517 only. A Planning Commission Ad Hoc Committee was formed to look into the circulation issue in the Rio Bravo Golf Course area. Over the course of three public meetings conducted with homeowners. The committee received and evaluated many issues from the general to the specific related to three tracts proposed within the Rio Bravo Golf Course area (Tracts 5516, 5517 & 6243). The issues and evaluation are presented in the Report to the Ad Hoc Committee for the March 24, 2004 Meeting (Background Exhibit B). Attached to this committee report is the "Summary of public issues from the February 26, 2004 committee meeting" and the March 3, 2004 memorandum from Stephen L. Walker, Traffic Engineer, and Marian P. Shaw, Civil Engineer IV. Also included within the background materials is the latest circulation plan submitted by Kelly Lucas, which provides no access to Casa Club Drive from the proposed projects and funnels all traffic through the southerly access road(s). The applicant is completely within his rights to use Casa Club Drive as a main access road to the project. The committee did not support the proposal by Kelly Lucas. This alternative is also not recommended by staff. Although the committee process allowed for a beneficial flow of information and ideas, the committee found it impossible to resolve the circulation issue to the full satisfaction of either the applicants or residents of the area. Circumstances inhibiting satisfaction include the limited authority of the Commission under the Subdivision Map Act, numerous homeowner's associations and physical constraints to access in the area. The applicants worked hard to address issues presented by concerned citizens and agreed to project changes and conditions which assist in funding and constructing improvements early. However, this developer does not have the obligation to fund or construct improvements not required by engineering standards and adopted policy. The conditions added to the project by the Planning Commission are listed below. These conditions are also contained in the proposed City Council resolution. The conditions proposed by the committee and adopted by the Planning Commission for all three subdivisions were as follows: A. Emergency access only from Vista Grande Drive to proposed tract 5516. Contribution from the applicant for tracts 5516 and 5517 toward a future connection from Miramonte Drive to Comanche Road. Establishment of a construction vehicle road along a southerly all weather access road to reduce the amount of heavy construction equipment using Casa Club Drive. Earlier timing of paving for the southerly access road to make it available for full access to 5516, 5517 and 6243. ADMINISTRATIVE REPORT Page 3 The specific conditions added to Tract 5516 as a result of the Committee meetings were as follows: 1. There shall be no through connection to De La Guerra Terrace in tentative tract 5516. The applicant shall provide emergency vehicular access from De La Guerra Terrace into the subdivision in a design approved by the Fire Department, Public Works and Planning Department. 2. All access points that are protected by an unmanned gate, including emergency access points, shall have an automatic gate opening device (power assisted gate opener) that is activated by the Opticom Mobil Priority Control System. Installation of the automatic gate system shall be completed by the developer. Maintenance of the system will be accomplished by the City of Bakersfield at the expense for such maintenance charged to the homeowners association for tract 5516. CC & R's shall clearly communicate this responsibility to the homeowners association. 3. Prior to recordation of the 3rd phase of development, the applicant shall enter into an agreement with the City of Bakersfield for contribution of their proportional share to the cost of providing a road connection to Comanche Road from or via Miramonte Drive. In addition, a Circulation Element Amendment to the City's General Plan, adding a collector street connection from the Rio Bravo Golf Course community to Miramonte Drive/Comanche Road is proposed (also to be considered at the July 7, 2004 Council hearing). This would eventually provide additional southerly access to the neighborhood and enhance circulation and emergency services. Conclusion. Staff recommends the decision of the Planning Commission be upheld and Vesting Tentative Tract Map 5516 with conditions as shown on the attached resolution be approved. LP Admin\july\7-75516 ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Hearings ITEM: [~.C. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning June 25, 2004 ./~PPROVED DEPARTMENT CITY AI'FORN.~ ~ CITY MANAGER Continued public hearing to consider resolution denying the appeal by Rio Bravo Residents and Homeowner's Associations, upholding the decision of the Planning Commission, adopting the Negative Declaration, and approving Vesting Tentative Tract Map 5517 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer - Porter-Robertson / Subdivider - GFC Properties) (Ward 3). RECOMMENDATION: Staff recommends adopting the resolution denying the appeal, upholding the decision of the Planning Commission approving the Negative Declaration and Vesting Tentative Tract Map 5517. BACKGROUND: On April 15, 2004 the Planning Commission unanimously approved this project based recommendations from an Ad Hoc Committee which was appointed to review the issues presented by the Rio Bravo Residents at the public hearings. In addition to making a decision on the appeal, staff is asking the Council to adopt both the Negative Declaration and an addendum to the Negative Declaration for Tract 5517. The addendum addresses new information received after adoption of the Negative Declaration by the Planning Commission relative to earthquake faults located within the subdivision. As Tracts 5516 and 5517 are located in the same general location, and have the same applicant, one Negative Declaration was prepared to address issues for both of these subdivisions. Since the addendum pertains only to Tract 5517, and for purposes of paperwork reduction, the Negative Declaration has been included in the Background Materials with Tract 5517 only. The subdivision lots were rearranged to respond to the new information and a mitigation measure requiring further study added to the project. This project was appealed on the basis of circulation issues that the Rio Bravo Residents and Homeowner's Associations did not feet were adequately addressed in the design of the tract map. The original project consisted of a vesting tentative tract map containing 86 lots for single family residential purposes on 56.04 acres zoned R-1 (One Family Dwelling) and R-I-HD (One Family Dwelling-Hillside ADMINISTRATIVE REPORT Page 2 Development). The application includes a request to allow private streets, reverse corner lots, streets that do not meet the minimum radius standard, non-radial/non-perpendicular lot lines, and a waiver of mineral rights owners signatures pursuant to BMC Section 16.20.060 B.I. As a result of revisions necessary to mitigate hazards created by earthquake faults within the subdivision, the number of proposed lots has been reduced to 81 and a non-buildable, open-space lot is being proposed. To eliminate redundancy and for purposes of paperwork reduction, all background materials which pertain to Tracts 5516, 5517, 6243 (which are being heard concurrently) have been included in the background materials for Tract 5516. A Planning Commission Ad Hoc Committee was formed to look into the circulation issue in the Rio Bravo Golf Course area. Over the course of three public meetings conducted with homeowners. The committee received and evaluated many issues from the general to the specific related to three tracts proposed within the Rio Bravo Golf Course area (Tracts 5516, 5517 & 6243). The issues and evaluation are presented in the Report to the Ad Hoc Committee for the March 24, 2004 Meeting (Background Exhibit B). Attached to this committee report is the "Summary of public issues from the February 26, 2004 committee meeting" and the March 3, 2004 memorandum from Stephen L. Walker, Traffic Engineer, and Marian P. Shaw, Civil Engineer IV. Also included within the background materials is the latest circulation plan submitted by Kelly Lucas, which provides no access to Casa Club Drive from the proposed projects and funnels all traffic through the southerly access road(s). The applicant is completely within his rights to use Casa Club Drive as a main access road to the project. The committee did not support the proposal by Kelly Lucas. This alternative is also not recommended by staff. Although the committee process allowed for a beneficial flow of information and ideas, the committee found it impossible to resolve the circulation issue to the full satisfaction of either the applicants or residents of the area. Circumstances inhibiting satisfaction include the limited authority of the Commission under the Subdivision Map Act, numerous homeowner's associations and physical constraints to access in the area. The applicants worked hard to address issues presented by concerned citizens and agreed to project changes and conditions which assist in funding and constructing improvements early. However, this developer does not have the obligation to fund or construct improvements not required by engineering standards and adopted policy. The conditions added to the project by the Planning Commission are listed below. These conditions are also contained in the proposed City Council resolution. The conditions proposed by the committee and adopted by the Planning Commission for all three subdivisions were as follows: A. Emergency access only from Vista Grande Drive to proposed tract 5516. B. Contribution from the applicant for tracts 5516 and 5517 toward a future connection from Miramonte Drive to Comanche Road. ADMINISTRATIVE REPORT Page3 Establishment of a construction vehicle road along a southerly all weather access road to reduce the amount of heavy construction equipment using Casa Club Drive. Earlier timing of paving for the southerly access road to make it available for full access to 5516, 5517 and 6243. The specific conditions added to Tract 5517 as a result of the Committee meetings were as follows: The final map for phase 2 as shown on the tentative tract shall depict Vernazza Court extended full width to the south property line to allow for a future street connection. Design shall include a turn around to allow for future gated access at this entrance/exit. Lots must be designed to allow for driveway access behind the future gated entrance. Replace "Court" with Way/Lane or Street. This condition may be waived in the event an alternate access road from the south boundary of Rio Bravo is constructed, such as an extension of Via Genoa to Miramonte Drive. (Note: Wording shown in bold was added after Planning Commission approval as a result of meetings herd with Rio Bravo residents, the applicant and Councilman Maggard). All access points that are protected by an unmanned gate, including emergency access points, shall have an automatic gate opening device (power assisted gate opener) that is activated by the Opticom Mobil Priority Control System. Installation of the automatic gate system shall be completed by the developer. Maintenance of the system will be accomplished by the City of Bakersfield at the expense for such maintenance charged to the homeowners association for tract 5517. CC & R's shall clearly communicate this responsibility to the homeowners association. Prior to recordation of the 3rd phase of development, the applicant shall enter into an agreement with the City of Bakersfield for contribution of their propodional share to the cost of providing a road connection to Comanche Road from or via Miramonte Drive. In addition, a Circulation Element Amendment to the City's General Plan, adding a collector street connection from the Rio Bravo Golf Course community to Miramonte Drive/Comanche Road is proposed (also to be considered at the July 7, 2004 Council hearing). This would eventually provide additional southerly access to the neighborhood and enhance circulation and emergency services. Conclusion. Staff recommends the appeal be denied, the decision of the Planning Commission be upheld and Vesting Tentative Tract Map 5517 with conditions as shown on the attached resolution be approved. LP Admin\july\7-7-5517 ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Hearings ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning June 25, 2004 /~,P!ROVED DEPARTMENT HEAD~ CITY ATI'ORNEY CITY MANAGER Continued public hearing to consider resolution denying the appeal by Rio Bravo Residents and Homeowner's Associations, upholding the decision of the Planning Commission, adopting the Negative Declaration, and approving Vesting Tentative Tract Map 6243 generally located south of Highway 178, east of Miramonte Drive, within the Rio Bravo Golf Course Community (Engineer - Porter-Robertson / Subdivider - Three Views, Limited Partnership) (Ward 3). RECOMMENDATION: Staff recommends adopting the resolution denying the appeal, upholding the decision of the Planning Commission approving the Negative Declaration and Revised Vesting Tentative Tract Map 6243. BACKGROUND: On April 15, 2004 the Planning Commission unanimously approved this project based recommendations from an Ad Hoc Committee which was appointed to review the issues presented by the Rio Bravo Residents at the public hearings. This project was appealed on the basis of circulation issues that the Rio Bravo Residents and Homeowner's Associations did not feel were adequately addressed in the design of the tract map. The project consists of a vesting tentative tract map containing 37 lots for single family residential purposes on 12.92 acres zoned R-1 (One Family Dwelling). The application includes a request to allow private streets, reverse corner lots, streets that do not meet the minimum radius standard, non-radial/non- perpendicular lot lines, and a waiver of mineral rights owners signatures pursuant to BMC Section 16.20.060 B.1. A Planning Commission Ad Hoc Committee was formed to look into the circulation issue in the Rio Bravo Golf Course area. The committee received and evaluated many issues from the general to the specific related to three tracts proposed within the Rio Bravo Golf Course area (Tracts 5516, 5517 & 6243). In general the issues presented were not as a result of traffic created by Tract 6243. The issues and evaluation are presented in the Report to the Ad Hoc Committee for the March 24, 2004 ADMINISTRATIVE REPORT Page 2 Meeting (Background Exhibit B). Attached to this committee report is the "Summary of public issues from the February 26, 2004 committee meeting and the March 3, 2004 memorandum from Stephen L. Walker, Traffic Engineer, and Marian P. Shaw, Civil Engineer IV. Also included within the background materials is the latest circulation plan submitted by Kelly Lucas, which provides no access to Casa Club Drive from the proposed projects and funnels all traffic through the southerly access road(s). The applicant is completely within his rights to use Casa Club Drive as a main access road to the project. The committee did not support the proposal by Kelly Lucas. This alternative is also not recommended by staff. Although the committee process allowed for a beneficial flow of information and ideas, the committee found it impossible to resolve the circulation issue to the full satisfaction of either the applicants or residents of the area. Circumstances inhibiting satisfaction include the limited authority of the Commission under the Subdivision Map Act, numerous homeowner's associations and physical constraints to access in the area. The applicants worked hard to address issues presented by concerned citizens and agreed to project changes and conditions which assist in funding and constructing improvements early. However, this developer does not have the obligation to fund or construct improvements not required based on engineering standards and adopted policy. The conditions added to the project by the Planning Commission are listed below. These conditions are also contained in the proposed City Council resolution. Generally, the conditions proposed by the committee and adopted by the Planning Commission for the three subdivisions did not pertain to this subdivision, but would require: A. Emergency access only from Vista Grande Drive to proposed tract 5516. Contribution from the applicant for tracts 5516 and 5517 toward a future connection from Miramonte Drive to Comanche Road. Establishment of a construction vehicle road along a southerly all weather access road to reduce the amount of heavy construction equipment using Casa Club Drive. Earlier timing of paving for the southerly access road to make it available for full access to 5516, 5517 and 6243. The specific conditions added to Tract 6243 as a result of the Committee meetings were as follows: Prior to ground disturbance, an all weather road shall be constructed from Miramonte Drive along the Via Napoli/Menaggio Lane alignment to the area of proposed disturbance. This road shall be used by all heavy construction equipment/trucks entering and exiting the project site. Heavy construction vehicles and equipment shall not use Casa Club Drive to enter or leave the site unless the construction road is blocked due to construction, such as but not limited to installation of improvements. The applicant shall provide signage to direct heavy equipment and trucks to the Via Napoli entrance and said entrance shall be gated and locked during non work hours. Road surfacing shall be approved by the Public Works and Fire Departments. ADMINISTRATIVE REPORT Page 3 Prior to the Notice of Completion on the first phase or issuance of the first building permit (including model homes) for tract 6243 the Via Napoli road alignment shall be paved from Miramonte Drive to provide access to the phase(s) being developed. In addition, a Circulation Element Amendment to the City's General Plan, adding a collector street connection from the Rio Bravo Golf Course community to Miramonte Drive/Comanche Road is proposed (also to be considered at the July 7, 2004 Council hearing). This would eventually provide additional southerly access to the neighborhood and enhance circulation and emergency services. Conclusion, Staff recommends the decision of the Planning Commission be upheld and Vesting Tentative Tract Map 6243 with conditions as shown on the attached resolution be approved. LP Admin\7-7-6243 ADMINISTRATIVE REPORT MEETING DATE: July 7, 2004 AGENDA SECTION: Hearings ITEM: [I.~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 1, 2004 ARPROVED DE PARTMENT H CITY ATTORNEY// Public hearing to consider resolution changing the name of Windsong Street to Ashley Castle Street (Brian Castle) and resolution to amend the changing of street name policy. (Ward 4) RECOMMENDATION: Staff recommends the adoption of a resolution approving the street name change from Windsong Street to Ashley Castle Street, and amending the street name policy so that applications to name streets for accident victims will no longer be accepted or considered in the future. BACKGROUND: This issue is the result of a tragic fatal accident. The staff recommendation to approve the name change is being made in consideration of that tragedy, and in response to substantial public opinion that has been received. It is, in fact, a reversal from what went to the Planning Commission. Despite the recommended name change in this particular instance, and this unique set of circumstances, staff believes very strongly that the street name policy should be amended simultaneously with this action so that street name changes to recognize accident victims will no longer be received or considered in the future. Some of these reasons include: 1) It places citizens and the City in an unfortunate emotional circumstance. While many property owners do not want the inconveniences and costs associated with a name change, it is very hard to say no to grieving family members. 2) It can be very costly. Street name signs, computer information, GIS data, maps, personal identification of property owners, and many other changes are necessitated as a result of these actions. 3) Depending on the victim's name and similarity to other streets, it can be a public safety response problem, a problem for the post office, delivery services, and related. 4) Historic neighborhood identification is lost. Additional background information is attached in the form of a memo from Development Service Director, Jack Hardisty. MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JUNE 23, 2004 City Council Chamber, City Hall, 1501 Truxtun Ave. Regular Meeting 5:15 and 7:00 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLLCALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan (seated at 5:25 p.m.), Salvaggio Absent: None 2. WORKSHOP Presentation by representatives from Shell Oil Company regarding the Bakersfield Shell Oil Refinery. Aamir Farid, General Manager, Shell Oil Products, U.S., spoke on behalf of Shell Oil Refinery and gave a computer presentation. Councilmember Maggard requested City staff interface with Shell staff to implement a plan to facilitate sale of the Shell facility should a buyer be forthcoming. 3. APPOINTMENTS One appointment to the Keep Bakersfield Beautiful Committee, term to expire January, 2009. Mayor Hall nominated Merry McCauley to fill the vacancy on the Keep Bakersfield Beautiful Committee. Motion by Vice-Mayor Couch to appoint Merry McCauley. APPROVED Appointment to Solid Waste Management Local Task Force by Vice-Mayor Couch. Motion by Vice-Mayor Couch to appoint Councilmember Hanson to the Solid Waste Management Local Task Force, with Councilmember Maggard to serve as alternate. APPROVED o Bakersfield, California June 23, 2004 - Page 2 PUBLIC STATEMENTS None. CONSENT CALENDAR Minutes: Approval of minutes of the meetings of June 7, 2004 and June 9, 2004. Payments: Approval of department payments from May 28, 2004 to June 10, 2004 in the amount of $8,111,249.55 and self insurance payments from May 28, 2004 to June 10, 2004 in the amount of $498,075.77. Ordinances: Adoption of Ordinance amending Section 10.40.010 of the Municipal Code relating to the removal of vehicles. Adoption of Ordinance requiring automatic gate opening devices on access roads requiring emergency services. Resolutions: Resolution determining that Bioxide (chemical) for sewer odor control and reduction of sulfide gas levels cannot be reasonable obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof; no to exceed $325,000.00 annually. Resolution ordering change of proceedings to reduce assessments to $2,895,000.00 for parcels located in Assessment District 03-1 (Brighton Place/Silver Creek II). Resolution of Application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 465 located generally west of Calloway Drive, north of Snow Road. ACTION TAKEN ORD 4194 ORD 4195 RES 201-04 RES 202-04 RES 203-04 Bakersfield, California June 23, 2004 - Page 3 5. CONSENT CALENDAR continued ACTION TAKEN Changes to Salary Schedule and New Specifications: Amendment No. 13 to Resolution No. 122-01 approving Memorandum of Understanding for employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Animal Control Supervisor. RES 122-01(13) 2. New Job Specification for Animal Control Supervisor. Agmements: i. Sewer Connection Fee Assessments: Resolution confirming assessments for sewer connection fees and authorizing the collection of assessments by the Kern County Tax Collector. RES 204-04 Agreements with property owners to pay sewer connection fee in installments and notice of special assessment lien. AGR 04-150 AGR 04-151 AGR 04-152 AGR 04-153 AGR 04-154 AGR 04-155 AGR 04-156 AGR 04-157 AGR 04-158 AGR 04-159 AGR 04-160 AGR 04-161 AGR 04-162 AGR 04-163 AGR 04-164 AGR 04-165 AGR 04-166 AGR 04-167 AGR 04-168 AGR 04-169 AGR 04-170 AGR 04-171 AGR 04-172 Bakersfield, California June 23, 2004 - Page 4 CONSENT CALENDAR continued Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with McKee Road Partners, Inc., for Tract 6178 Phase 2 located north of McKee Road and west of Akers Road. Final Map and Improvement Agreements with McMillin Madison Grove, LLC, for Tract 5993 Phase 7 located south of Snow Road and west of Calloway Drive. Ground Lease Agreement with Robert J. Bohn and Katherine Bohn Trust for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport. Agreement between Habitat for Humanity, Golden Empire and the City for the construction of affordable single-family homes in the amount of $100,000.00 in HOME CHDO Funds. Agreement with Calloway Associates for reimbursement and first right of refusal for property along Calloway Drive and Olive. Agreement with Shell Oil Company for $80,000.00 to allow the City to construct the Allen Road Sewer project where it crosses the Shell Oil line near Allen Road and Hageman Road. Agreement with Southern California Gas Company for relocation of gas line at intersection of Calloway Drive and Olive Drive. Amendment No. 1 to Agreement No 02-184 with Abate-A- Weed, Inc. extending the term until July 22, 2004 and adding $10,000.00 additional funds for contract use (for a revised not to exceed compensation amount of $70,000.00). Amendment No. 1 to Agreement No. 03-241 with San Joaquin Supply Corporation to extend agreement for twelve (12) months (no increase in total compensation not to exceed $60,000.00) for janitorial supplies. Amendment No. 1 to Agreement No. 03-242 with P & R Paper Supply to extend agreement for twelve (12) months (no increase in total compensation not to exceed $60,000.00) for janitorial supplies. ACTION TAKEN AGR 04-173 AGR 04-174 AGR 04-175 AGR 04-176 AGR 04-177 AGR 04-178 AGR 04-179 REMOVED FOR SEPARATE CONSIDERATION AGR 04-181 AGR 02-184('1) AGR 03-241(1) AGR 03-242(1) Bakersfield, California June 23, 2004 - Page 5 CONSENT CALENDAR continued s. Contract Change Order No. 1 to Agreement No. 03-240 with Bowman Asphalt ($73,209.02, for a revised contract amount of $1,154,987.02) for the Kern River Bike Path Improvements and Riparian Restoration Project from Stockdale Highway to Manor Street. t. Contract Change Order No. 5 to Agreement No. 03-018 with S.C. Anderson Inc. ($61,730.49, for a revised contract amount of $5,607,300.12 for the Bakersfield Ice Center Project. Bids: U. Accept bid to award annual contract to Battery Systems, Inc. (not to exceed budgeted amount of $60,000.00) to furnish automotive batteries. Accept bids to award annual contracts to Argo Chemical, Inc., and Los Angeles Chemical CO., not to exceed $109,000, for chemicals for the City's swimming pools. Accept bid to award contract to New Image Commercial Flooring ($141,269.67) for re-carpet of Bakersfield Convention Center. Reject all bids for restoration of concrete decks at the Police Department building. Traffic signal and lighting installation on Brimhall Road at Windsong Street: Accept Bid to award contract to Loop Electric for $87,741.75 for project. Appropriate $90,000.00 Gas Tax Fund Balance to the Capital Improvement Budget for the construction phase of the project. ACTION TAKEN CCOf 03-240 CC05 03-018 AGR 04-182 AGR 04-f83 AGR 04-184 AGR 04-185 AGR 04-~86 Bakersfield, California June 23, 2004 - Page 6 CONSENT CALENDAR continued Miscellaneous: Dedication of Property: Two minimal width strips of road right- of-way on the west side of Old River Road between Campus Park Drive and Pacheco Road. aa. 1. Quitclaim Deed from the City to GMAC Model Home Finance, Inc., quitclaiming two obsolete portions of road right-of-way (right turn lanes) in exchange for right-of-way for an adopted right turn lane in the same general direction. Appropriate funds to the Capital Improvement Budget for previously approved property acquisitions: 1. Appropriate $801,000.00 Sewer Enterprise Fund balance and $1,424,000.00 Transportation Development Fund balance to the Capital Improvement budget for purchase of property at 24~ and Oak Streets for a future interchange and drainage facilities. Appropriate $521,080.00 Transportation Development Fund balance to the Capital Improvement budget for purchase of property at the southeast corner of Johnson Road and Manon Drive for the Westside Parkway. Motion by Vice-Mayor Couch to adopt Consent Calendar items 5. a. through 5.aa. with removal of items 5. n. and 5. y. for separate consideration. Agreement with Shell Oil Company for $80,000.00 to allow the City to construct the Allen Road Sewer project where it crosses the Shell Oil line near Allen Road and Hageman Road. Motion by Councilmember Carson to approve the Agreement. Councilmember Maggard requested staff investigate possible cost savings of delaying the Agreement until Shell closes the refinery. ACTION TAKEN DEED 6f02 APPROVED AGR 04-180 APPROVED Bakersfield, California June 23, 2004 - Page 7 CONSENT CALENDAR continued y. Traffic signal and lighting installation on Brimhall Road at Windsong Street: 1. Accept Bid to award contract to Loop Electric for $87,741.75 for project. ACTION TAKEN AGR 04-186 2. Appropriate $90,000.00 Gas Tax Fund Balance to the Capital Improvement Budget for the construction phase of the project. Motion by Vice-Mayor Couch to accept the bid and appropriate the funds. APPROVED CONSENT CALENDAR HEARINGS a. Public Hearing to consider resolution ordering the vacation of the south 126 feet of the 30 foot wide alley between Oak Street and Olive Street extending from Palm Street to Dracena Street. REMOVED FOR SEPARATE CONSIDERATION Correspondence was received from Beverly Monji in opposition to the proposed vacation. Protest hearing as required by Resolution of Intention No. 1333 regarding the street landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2004-2005 budget, confirming the street landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. RES 205-04 Protest hearing as required by Resolution of Intention No. 1334 regarding the park landscaping assessments for the Consolidated Maintenance District. Resolution approving and adopting the Public Works Director's report for the Consolidated Maintenance District and the 2004-2005 budget, confirming the park landscaping assessments and authorizing collection of assessments by the Kern County Tax Collector. RES 206-04 Bakersfield, California June 23, 2004 - Page 8 CONSENT CALENDAR HEARINGS continued Protest hearing as required by Resolution of Intention No. 1335 regarding the assessment for nine (9) Traffic Signal Maintenance Districts. Resolution approving and adopting the Public Works Director's report for nine (9) Traffic Signal Maintenance Districts and the 2004-2005 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. ACTION TAKEN RES 207-04 Continued public hearing to consider an increase in the monthly readiness-to-serve charge and quantity rate for the City of Bakersfield Water System. 1. Resolution establishing domestic water rates for Ashe, Fairhaven and Riverlakes Ranch service areas of the City Water System. RES 208-04 Hearings opened at 5:50. James Varner requested on behalf of Beverly Monji and Lela Olsen Consent Calendar Hearing item 6.a. be continued to the 7:00 p.m. portion of the meeting. Hearing item 6.a. continued to the 7:00 p.m. portion of the meeting. Hearing items 6.b., 6.c., 6.d., and 6.e. closed at 5:53. Motion by Vice. Mayor Couch to approve items 6.b., 6.c., 6.d, and 6. e. and continue item 6.a. to the 7:00 p.m. portion of the meeting. APPROVED 2. CLOSED SESSION Conference with Legal Counsel - Potential Litigation; Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One (1) potential case. Motion by Vice-Mayor Couch to recess to Closed Session at 5:54 p.m. Motion by Vice-Mayor Couch to recess from Closed Session at 6:37 p.m. APPROVED APPROVED Bakersfield, California June 23, 2004 - Page 9 RECONVENED MEETING - 7:00 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio o Absent: None. INVOCATION by Pastor Bob Johnson, Christ's Church of the Valley. PLEDGE OF ALLEGIANCE by Lena Clair Wilson, 1st Grade Student at Stockdale Elementary School. 11. CLOSED SESSION ACTION ACTION TAKEN NO Conference with Legal Counsel - Potential Litigation; Initiation REPORTABLE of litigation pursuant to subdivision (c) of Government Code ACTION Section 54956.9. One (1) potential case. 12. In previous closed session action on May 26, 2004, City Council unanimously directed the City Attorney to settle the litigation matters of Goland-Roy v. City of Bakersfield in the amount of $250,000 and Billings v. City of Bakersfield in the amount of $77,539.54. Councilmember Benham left at 7:11 p.m. PRESENTATIONS a. Presentation by Mayor Hail of a Retirement Plaque and Gift Certificate to Joe Moesta, Jr. APPROVED Joe Moesta, Jr. made comments. 12. 13. Bakersfield, California June 23, 2004 - Page 10 PRESENTATIONS continued Mayor Hall recognized the following high school students who graduated number one in their respective classes: Ellen C. Dobie, Collin R. Foe-Parker, Jeffrey W. Lin Grace C. Liu, lan T. Long, Bakersfield High School; Claudia Rendon, Bakersfield Adult School; Sarah Merrill, James Witmyer, Bakersfield Christian High School; Denise K. Benavente, David W. Johns, Nick A Moreno, Aaron J. Phillips, Emma K. Sanford, East Bakersfield High School; Andrew Cox, Foothill High School; Michelle Bravo, Games Memorial High School; Christopher G. Quon, Highland High School; Margaret Abernathy, Frank Felice, Liberty High School; Ellen Cho, Panthea Heydari, Darren Thomas, Katherine Valenzuela, North High School; Amberia J. Allen, Ridgeview High School; Spencer Seward, South High School; Kelsey Barney, Jessica Koh, Noel Lee, Paul MacAIpine, Andrew Reese, Robert Toledo, Stockdale High School; David Hornung, Valley High School; Andrew Wren, Vista High School; Corina Castellon, Vista West High School; Eloy Villanueva, West High School. Mayor Hall recognized students in the audience. Councilmember Sullivan recognized students in the audience. Mayor Hall recognized Merry McCauley, the Mayor's new appointee to the Keep Bakersfield Beautiful Committee. Recess taken at 7:20 p.m. Meeting reconvened at 7:27 p.m. PUBLIC STATEMENTS Terry Scott, PG&E, spoke regarding the Bakersfield and Kern County Energy Watch Program. Mona Twocats, Chair of the Kern County Homeless Collaborative, and Walter Williams, Greater Bakersfield Legal Assistance, extended an invitation to Mayor and Council to attend a P.A.T.H. (People Assisting the Homeless) Mall model on July 14, 2004 from 1:30-3;00 in the Truxtun Room of the Convention Center. Additionally, they suggested the City and County form a joint affordable housing task force. Councilmember Carson requested Economic and Community Development provide an update on the Homeless Task Force and whit is currently in place for affordable housing. ACTION TAKEN t4. Bakersfield, California June 23, 2004 - Page 11 HEARINGS Protest hearing as required by Resolution of Intention No. 1327 proposing to add territory, Area 4-29 (Baker Street II) to the consolidated Maintenance District. Resolution adding territory, Area 4-29 (Baker Street II), to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Hearing opened at 7:38 p.m. No one spoke. Hearing closed at 7:38 p.m. Motion by Vice-Mayor Couch to adopt the Resolution. 6. CONSENT CALEN DAR HEARINGS (continued from 5:15 portion of the meeting) 1. Public Hearing to consider resolution ordering the vacation of the south 126 feet of the 30 foot wide alley between Oak Street and Olive Street extending from Palm Street to Dracena Street. Public Works Director Rojas made staff comments. Councilmember Benham returned at 7:41 p.m. Motion by Councilmember Benham to remove the item from the agenda and re-notice at a future date. ACTION TAKEN RES 209-04 APPROVED AB BENHAM APPROVED 15, 15. Bakersfield, California June 23, 2004 - Page 12 DEFERRED BUSINESS a. Fiscal Year 2004-05 Budget: Resolution approving and adopting the Operating and Capital Improvement Budget as amended. Resolution approving and adopting the Operating and Capital improvement Budgets for the Bakersfield Redevelopment Agency as amended. 3. Resolution establishing the appropriations limit. Assistant City Clerk Gafford announced staff has submitted an amended administrative report and documents identifying additional enhancements to the graffiti enhancement program. Assistant City Manager Stinson made staff comments. Vice-Mayor Couch requested staff explore using a separate line item to address necessary emergency repairs on general fund facilities. Motion by Vice-Mayor Couch to adopt the budget. NEW BUSINESS Resolution calling and giving notice of holding a General Municipal Election for the election of Councilmembers for Wards 2, 5, and 6, a Special Election to elect a Councilmember for Ward 7 and requesting consolidation with the County of Kern Statewide General Election to be held on Tuesday, November 2, 2004. Councilmember Salvaggio read a letter stating his intent to resign the Ward 7 Council seat effective the date newly elected Councilmembers from Wards 2, 5, and 6 are sworn into office. ACTION TAKEN RES 210-04 RES 21f-04 RES 212-04 APPROVED RES 213-04 Motion by Vice-Mayor Couch to adopt the Resolution. APPROVED ABS CARSON 17. Bakersfield, California June 23, 2004 - Page 13 MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff promptly remove barricades from the downtown area at the completion of each summer street fair. ACTION TAKEN Councilmember Benham requested staff explore enlisting assistance from the public to aide in graffiti control; Public Works to meet with John Enriquez to utilize his expertise in the effort and coordinate with her. Councllmember Maggard requested Public Works and Development Services staff express extreme displeasure to CalTrans regarding the delay of the overpass project at Hwy. 178/Fairfax, and lack of medlan in the area between Oswell and Fairfax, which has resulted in loss of life. Councilmember Maggard requested staff reevaluate time structure of Council meetings. Councilmember Hanson requested staff adjust thermostat times on weekends in City Hall to assure air conditioner does not run on weekends. Councilmember Hanson requested information regarding cost of cleanup of sewer spill on McCutchen and Gosford; staff to evaluate Wastewater staffing during times of obvious difficulty and explain why there was no one on duty when the spill occurred. Councilmember Carson referred two citizen complaints to the Police Chief. Councilmember Carson thanked staff for the reopening events at MLK pool. Councilmember Carson requested staff abate weeds on the vacant lot at 27 Mllham St. Councilmember Carson requested Bu#ding staff provide a status update regarding the dental office at the corner of Brundage Ln. and T Street. Councilmember Carson requested staff investigate businesses southeast of California between S and T Streets for not keeping trash contained. Wind blows trash in the alley and yards of nearby residents. 17. Bakersfield, California June 23, 2004 - Page 14 MAYOR AND COUNCIL STATEMENTS continued Councilmember Carson requested staff recommend tree types for planting in Lowell Park; coordinate with the Harper family so trees may be planted on July 8 in memorial of lost family members. Councilmember Salvaggio requested staff fill potholes on Ming Ave., between Hughes Ln. and South H Street, both east and westbound. Councilmember Salvaggio requested an update regarding status of 1816 Hughes Ln. Councilmember Salvaggio requested staff abate graffiti on the slatted chain link fence in the alley at the northeast corner of Hughes Ln. and Planz Rd. Councilmember Sullivan expressed appreciation for the response to the new McMurtrey Aquatics Center and requested information regarding attendance, admission prices, and status of busing program. Interim Recreation and Parks Director Christensen responded. Councilmember Sullivan expressed pleasure at the survival of high school student Shawn Lorenzo after a 654' fall. Councilmember Sullivan thanked Mayor's staff for assisting with high school students honored at this evening's meeting. Vice-Mayor Couch provided the Hwy 99 Master Plan from LAFCo and requested Council and appropriate staff be copied. Vice-Mayor Couch provided information regarding LAFCo issues pending in the next three months; particularly the Regional Transportation Plan and the proposed time-line for building the Alternate 15 Route; staff to contact Mr. Pope regarding coordination of a City/County response to the proposal Vice-Mayor Couch submitted a copy and requested Council and staff be provided copies ora future newspaper insert discussing KernCOG and it's projects. Vice-Mayor Couch requested staff respond to a citizen's concerns regarding inability to read the Bakersfield Entrance sign on Hwy 99 at Norris Road due to sunlight. 17. 18. Bakersfield, California June 23, 2004 - Page 15 MAYOR AND COUNCIL STATEMENTS continued Vice-Mayor Couch requested an update regarding Code Enforcement issuance of correction notices in the Riverlakes area for netting preventing golf balls from escaping the golf course area. Vice-Mayor Couch congratulated staff for handling of the Sphere of Influence issue and emphasized for the record, City staff and Council remain willing to publicly discuss Sphere issues with City of Shafter representatives. Vice-Mayor Couch requested information regarding the catering contract for Centennial Garden. Mayor Hall thanked everyone involved in the Mayor's Freeway Cleanup Program. ADJOURNMENT Mayor Hall adjourned the meeting at 8:48 p.m. ACTION TAKEN MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California