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HomeMy WebLinkAbout08/18/04_CC_AGENDA_PACKET AGENDA HIGHLIGHTS AUGUST 18, 2004 COUNCIL MEETING REGULAR MEETING 5:15 p.m. CONSENT CALENDAR Ordinances: Item 4c. First Readinq of an Ordinance Amendinq the Municipal Code relatinq to the Board of Zoninq Adiustment addinq the Community Development Coordinator as Alternate Member. The Board is comprised of three regular and alternate members. The regular members are the Building Director, Economic Development Director and the Public Works Director. Due to recent organizational shifts within the Economic and Community Development Department, it is necessary to revise the ordinance to provide flexibility in staff coverage for the Board of Zoning Adjustment by adding the Community Development Coordinator as an alternate. Item 4d. First Readinq of an Ordinance Amendinq the Municipal Code by Chanqinq the Zoninq from an A to an E Zone on 80 acres, Located West of Calloway Drive, Generally North of Snow Road. This change would permit the development of single family units. The Planning Commission recommended City Council approval on July 15, 2004. No one was in opposition to the request and the applicant, SmithTech/USA Inc., agreed to all conditions and mitigation for the project. Resolutions: Item 4h. Resolution Dispensinq with Biddinq Procedures Due to Emerqency Cleanup Required for Sewer Spill at the Corner of McCutchen Road and Gosford Road, in an amount not to exceed $210,906. O. Wednesday June 16, 2004, Wastewater Treatment Plant 3 experienced multiple power outages ~md a malfunction in the sewage pumps at the Plant. Early Thursday morning, June 17t~, wastewater spilled out of the collection system onto land in the vicinity of the intersection of McCuthchen and Gosford Roads. Approximately six acres of the farmland was flooded. City and outside forces removed the wastewater and disinfected it. They then removed the wet soil and imported clean soil, which was spread and leveled. The farmer was compensated for his lost crop. Due to the emergency nature of incident, there was no time for staff to contract for services. Contractor / vendor payments totaling $210,906 were incurred for the emergency cleanup. The funding source for these expenses was the Sewer Enterprise Fund. Item 41. Resolution Approvinq Development Plan for the Construction of a 159-Unit Apartment Complex Located at 1000 River Ranch Drive within an R-2/PUD Zone District. On July 21,t, the City Council referred this item to staff to facilitate discussion between the applicant and the area residents. The residents did not object to the development of the apartment project. Their concerns related to the increase of traffic into the neighborhood that would worsen the traffic circulation in the neighborhood. Area residents met with the developer, engineer, and Public Works, Traffic Engineering, and Planning Department staff. At the conclusion of the meeting, the City's Traffic Engineering representative offered to have two traffic evaluations prepared. The first is to review the possibility of stop signs on some of the neighborhood streets, and the second is to study whether the intersection of River Ranch Drive and Brimhali warrants a traffic signal. These studies will begin in the next few weeks. The neighborhood representatives agreed to allow the project to move ahead with assurance that the Public Works Department would review the traffic issues stated above. The Planning Commission approved the P.U.D. development plans on June 3, 2004. The City Council approved the R-2/P.U.D. zoning for the site on February 11, 2004. Council's consideration of this Agenda Highlights August18,2004 Page 2 development plan review is limited to architectural design. Design details are listed in the administrative report. The proposed project is adjacent to an established single- and multi-family residential neighborhood, and consists primarily of four-plexes on 40 lots to be constructed in two phases for a total of 159 units. The project site is an infill project and is in close proximity to existing and future commercial services, schools and parks. Aqreements: Item 4bb. Aqreement with Microsoft Corporation in an amount not to exceed $200.000. This action by the Council will do two things. First, it will approve a five-year Enterprise Agreement with Microsoft Corporation that allows the City to install the latest version of Microsoft products on City computers. The City is not required to purchase anything under this agreement; rather, the agreement allows the City to participate if it chooses. Second, it accepts the Iow bid for that Microsoft Office Software from CompuCom Systems, Inc. Item 4cc. Annexation Aqreement with Ed Coyne. Developer, Ed Coyne, desires to purchase 600+ acres of land immediately south of Rio Bravo county Club and annex it into the City. This agreement outlines City consideration for Mr. Coyne bringing development into the City limits. Item 4dd. ExchanQe of Real Property Located at Renfro Road and Rider Street Extended. Staff is currently processing the specific plan line for the interchange at the Westside Parkway and the West Beltway through the Planning Commission. The interchange layout results in the need to acquire additional land from the adjoining property owner, Lennar Homes of California, Inc. The City will be exchanging 1.24 acres of the existing Parkway alignment for 5.33 acres of Lennar's development, and paying Lennar $163,600 for the 4.09 acre difference. As a result of this change, Lennar has had to redesign their development, and the City has agreed to pay for these additional costs. Some of the costs will be off-set by decreased costs resulting from the redesign. A benefit of this redesign is that no homes will have to be taken. Item 4ee. Amendment No. 1 to Aqreement No. 04-086 with the Law Firm of Duane Morris for Outside Leqal Services in the matter before the California Public Utilities Commission relatinq to the Kern Power Plant in an amount of $25,000 (total contract not to exceed $75,000). The amendment is the result of outstanding invoices in reference to the most recent PUC decision, and the continuing efforts of the firm to work closely with staff to find a permanent resolution to the situation. Items 4hh, ii, ii, and kk. Amendments to Aqreements for Additional On-Call Civil Enqineerinq Services. This on-call program has proven to be very effective for providing timely design and surveying services to the City. The amendments are in the amount of $150,000 each for the following four firms: 1) Mclntosh & Associates, 2) Meyer Civil Engineering, 3) Quad Knopf, inc., and 4) Ruettgers & Schular Civil Engineers. With staff cutbacks, these contracts are necessary to keep advancing the Capital Improvement Program in a timely manner. Item 4mm. Contract Chan(~e Order No. 2 to Aqreement No. 03-243 with S. C. Anderson Inc. for the McMurtre¥ Aquatic Center Project in the amount of $33,132.90. The awarded contract amount was $5,853,800. The net increase for this change order totals $33,132.90, for a revised contract amount of $5,934,584.82. Bids: Item 4rr. Extend Bid from Quinn Company for One Replacement Articulated Four-Wheel Drive Loader, with Budqets and Grapple Fork, for the Solid Waste Division in the amount of $202,506.95. At the April 14, 2004 Council Meeting, Quinn Company was awarded the bid for the purchase of three.articulate four wheel drive loaders. The specifications allow for purchase of additional units at the same cost at the original price, if both parties agree. Agenda Highlights August18,2004 Page 3 CONSENT CALENDAR HEARINGS Items 5a. General Plan Amendment/Zone Chanqe for 81+ Acres Located Approximately 1.800 Feet South of State Route 58 alonq the South Side of Shirley Lane (Extended/ between South Sterlinq Street (extended~ and South Oswell Street fextended). The applicant, Mclntosh & Associates, proposes to construct 325 single-family dwellings on the subject site and has applied for annexation to the City. The Planning Commission recommended City Council approval on June 17, 2004. The Commission was concerned about the proposed location of a public park, so they added language to ensure that it will be consistent with the policy that neighborhood parks should be located adjacent to collector or local streets, rather than arterial streets. Item 5b. General Plan Amendment/Zone Chanqe for 3.71 Acres Located on the East Side of Patton Way, North of Meanv Avenue. The applicant, M.S. Walker & Associates, is proposing to construct a mini-storage facility that will contain 82,800 sq. ft. of storage, one office space (577 sq. ft.), and one apartment (1,218 sq. ft.). The project site was zoned for Automobile Parking (P) in 1990. The purpose of the zoning was to provide a land use buffer between the single-family residences adjacent to the north and the industrial uses to the south. The proposal would provide an ideal land use buffer in this case. The residences located adjacent to the north of the project site submitted a petition expressing concerns regarding fire protection, lighting, and glare from roofs. Prior to the Planning Commission meeting on June 17, 2004, the applicant met with the residences to address their concerns. From that meeting, the applicant agreed to modify the project to alleviate the issues. Item 5c. General Plan Amendment/Zone Chanqe on Approximately 50 Acres, Located Generally South of Panama Lane, Generally East of South Union Avenue. The applicant, SmithTech/USA Inc., is proposes the development of single family residential units. The Planning Commission recommended City Council approval on June 16, 2004. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. The Planning Commission added a condition with concurrence with the applicant and property owneddeveloper to provide curb, gutter and sidewalk between the site, and South Union Avenue along the south side of Panama Lane. Item 5d. General Plan Amendment/Zone Chanqe, Ordinance Amendment and Williamson Act Cancellation for 77 Acres, Located Generally North of Panama Lane to Pensinqer Road, West of Buena Vista Road. The applicant, Mclntosh & Associates, is proposing a development of single family units. The Planning Commission recommended City Council approval on June 17, 2004. No one was in opposition to the request and the applicant agreed to alt conditions and mitigation for the project. Item 5e. Continued Hearinq of Appeals by Mclntosh & Associates of Determination of Incompleteness for Various Tracts in the "City in the Hills" Development Located between State Route 178 and Paladino Drive, West of Masterson. The appeal on the completeness of tract maps has been withdrawn. The item appears here only to complete the record on the matter. CLOSED SESSION There will be conferences with legal counsel regarding one case of anticipated litigation and four cases of existing litigation. There will also be a conference with the labor negotiator. Agenda Highlights August 18, 2004 Page 4 CONTINUATION OF REGULAR MEETING -7:00 p.m. HEARINGS item 12a. Continued Public Hearinq to Consider Resolution Chanqinq the Name of Windsonq Street to Ashley Castle Street, and Resolution to Amend the Chanqinq of the Street Name Policy. This hearing was continued from the July 7th Council meeting to allow for further consideration of this request and to allow the applicant, Brian Castle, to consider alternatives. Numerous letters in support and opposition to the name change have been received. Regardless of the outcome, staff believes very strongly that the street name policy should be amended to state that street name changes to recognize accident victims will no longer be received or considered. Item 12b. General Plan Amendment/Zone Chanqe for 80 Acres Generally Located alonq the South Side of Panama Lane approximately 11485 Feet East of Buena Vista Road. The applicant, SmithTech/USA Inc., proposes to construct single-family dwellings on the site and has applied for annexation to the City. The Planning Commission recommended City Council disapproval on June 16, 2004. The Commission determined that the proposed project is inconsistent with both the adjacent agricultural land uses and the Metropolitan Bakersfield General Plan policy. The applicant appealed the Commission's decision, stating that the project site is within the City's growth path, compatible with existing and proposed uses in the area and the agricultural impact study shows that the conversion from agricultural is less than significant. Staff recommends upholding the appeal because infrastructure is available and housing is under construction across the street. This is a case of the Planning Commission being out of harmony with City Council goals and policies. DEFERRED BUSINESS Item 13a. Approve Transfer of the Holiday Inn Select to Newport Hospitality Group, as the Ownership Entity and Briqhton Hospitality Corporation as the Manaqement Entity. On July 21, 2004, Council approved the transfer of the Holiday Inn Select to Brighton Management, LLC. Subsequent to that meeting, staff received a request from Brighton to have the entity named in the transfer changed to Newport Hospitality Group. Legal staff opined that Council would have to approve the transfer to an entity other than the one approved on July 21st. The Newport Hospitality Group and Brighton Hospitality Group are owned by Mr. Fan, who owns Brighton Management, LLC. Explanatory letters are in the packet which show this is the common ownership structure for hotel properties. NEW BUSINESS Item 14a. Aqreement with County of Kern reqardinq Sphere of Influence Boundaries, Development Standards and Zoninq Requirements. The City has applied to the Local Agency Formation Commission (LAFCO) for an expansion of its Sphere of Influence as requested by property owners. As required, City and County representatives met to draft an agreement with respect to plans, zoning and development standards for the area within the Sphere. The meeting was very positive primarily because both entities have been working over the past 20 years toward consistency in planning, zoning, development standards and building codes in the metropolitan area of Bakersfield. The Board of Supervisors approved the agreement on August 3, 2004. This agreement must be given "great weight" by LAFCO in considering the proposed Sphere. Their action also agreed that the General Plan, zoning and development standards required by the County will serve to guide development of those areas of the proposed Sphere expansion pending annexation to the City. Thanks are due the County Planning Director, Administrative Office and Board of Supervisors for their support in this matter. Agenda Highlights August 18, 2004 Page 5 Item 14b. Jefferson Pool Rehabilitation and Wet Play Area. This project will reconstruct Jefferson Pool into two separate pools; a 25-yard competition pool and a recreation pool with a three-foot depth area for smaller children and beginning swimmers. The Wet Play Area was added to the project to provide a zero depth interactive spray pad, S.C. Anderson, Inc. submitted the only bid. That bid exceeded the Engineer's Estimate by $336,500. After receiving that bid, staff reviewed several options and now recommends that the City move forward with construction of this project, and awarding the contract to S.C. Anderson, Inc. in the amount of $2,275,800. Funding for this project will be provided by Park Improvement Funds; Central District Park Development Funds; Community Block Grant Funds and Section 108 Funds. Additional appropriations in the amount of $335,000 are required to cover the costs of this bid, plus approximately a 5% contingency. Item 14c. Aqreement with the Tree Foundation of Kern for Reimbursement of Trees and Plantinq Materials within City Parks and Public Riqht-of-Ways in an amount not to exceed $281400 . The Tree Foundation of Kern recently received a Proposition 12 grant from the State of California-Department of Forestry and Fire Protection for planting of trees and materials within City parks and public right of ways. The Foundation does not have the financial capacity to purchase the trees and materials. This agreement provides that the City will pay for Foundation purchases of trees and planting materials up to $28,400. The Foundation will invoice the State for reimbursement of the funds expended and, in turn, reimburse the City. The project area boundary is 24th Street and 16th Street on the north and south, and Oak Street and G Street on the west and east. Most of the trees will be planted in public streetscapes adjacent to businesses and residences. Some of the trees will be planted in Jastro Park. There are no funds in the grant budget for installation, so the trees will be installed by volunteers. Staff is presenting this as a discussion item because of a recent State decision involving a requirement to pay prevailing wage rates on certain public works projects receiving State grant funds. Fortunately, legislation has been drafted that would allow volunteers to be used in certain projects, such as the Tree Foundation's project. Staff's research into the issue indicates that there is general support for the bill, so we are hopeful that this issue will be resolved soon. Therefore staff recommends approval of the agreement. Alan Tandy, City Manager cc: Department Heads City Clerk's Office News Media File BAKERSFIELD CITY COUNCIL AGENDA AUGUST t8, 2004 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 7:00 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PRESENTATIONS 3. PUBLIC STATEMENTS 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of July 21, 2004. Payments: Approval of department payments from July 9, 2004 to August 5, 2004 in the amount of $14,191,668.33 and self insurance payments from July 9, 2004 to August 5, 2004 in the amount of $1,190,373.50. Ordinances: First reading of Ordinance amending Section 2.28.090 of the Bakersfield Municipal Code relating to Board of Zoning Adjustment adding the Community Development Coordinator as Alternate Member. (Ward 4) First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A to an E zone on 80 acres, located west of Calloway Drive, generally north of Snow Road. (ZC 04-0551) Adoption of Ordinance amending Subsection 14.12.270(B) and repealing Section 14.12.410 and adding new Sections 14.12.410 through 14.12.417 of the Municipal Code relating to sewer permits and violations. (First Reading 7/21/04) (Ward 3) Adoption of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 103-22) for Title 17 of the Municipal Code by changing the zoning from a PCD (Planned Commercial Development) zone to a revised PCD (Planned Commemial Development) zone on 7.5+ acres generally located on the southeast corner of Mount Vernon Avenue and State Highway 178 to allow a 48,183 square foot commercial shopping center. (Developer: Cahan Properties) (Fite #04-0480) (First Reading 7/21/04) Resolutions: Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Government Code Section 34090 et seq. (Public Works Department) (Ward 6) h. Resolution dispensing with bidding procedures due to emergency cleanup required for sewer spill at the corner of McCutchen Road and Gosford Road, not to exceed $210,906.00. 4. CONSENT CALENDAR continued Resolution authorizing the Police Department to submit grant applications to the U S Department of Justice Local Law Enforcement Block Grant (LLEBG) Program every year for the next five (5) years. (Wards 1,217) Resolution confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Ward 7) Resolution approving development plans for the addition of a 1,056 square foot modular office building at an existing office site, located at 2210 Ming Avenue, within a C-O/PCD Zone District. (Ward 4) Resolution approving development plan for the construction of a 159 unit apartment complex located at 1000 River Ranch Drive within an R-2/PUD Zone District. (Ward 4,5) Resolution levying amended assessment amounts for parcels located in Assessment District 03-3 (Seven Oaks West Ill/Brighton Place II/Fairway Oaks South). (Ward 4) n. Assessment District No. 04-01 (Countryside/The Homestead/Cherry Hill/Olive Park III): Resolution preliminarily approving Engineer's Report and setting date for public hearing for protests. Resolution approving Acquisition and Disclosure Agreements with Centex Homes, J & L Gardner, LLC., Cherry Hill, Inc., and Olive Park Land Company, and, authorizing changes thereto and execution thereof. (Ward 3) Resolution of Intention No. 1339 to add territory, Area 4-30 (City in the Hills) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Intention No. 1340 to add territory, Area 1-48 (Renfro, Johnson SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6) Resolution of Intention No. 1341 to add territory, Area 3-26 (Stine, McKee NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution of Intention No. 1343 to add territory, Area 1-49 (Calloway, Retail NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 7) Resolution of Intention No. 1344 to add territory, Area 5-14 (Pacheco, Hughes NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 2 4. CONSENT CALENDAR continued (Wards 4,7) (Ward 7) (Ward 7) (Ward 3) (Ward 1) (Ward 1) Agreements: t. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with First Capital Mortgage Corporation, for Tract 6153 Unit 1 located south of Reina Road and west of Jewetta Avenue. Final Map and Improvement Agreements with Mary Candace Davies, for Tract 6177 Unit 1, located north of Hosking Avenue and east of South H Street. Final Map and Improvement Agreements with Olive Park Land Company for Tract 6117, Unit 2 located north of Reina Road and east of Old Farm Road. Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar Bakersfield, Inc. for Tract 6186 located west of Renfro Road and south of Johnson Road. Acquisition of offsite real property interest for Zone Change 00-0419, Panama Lane & Highway 99 (Gateway, LLC): Agreement with Doyle, Penner, Bradley & Watson to provide legal services in an amount not to exceed $75,000.00. Appropriate $75,000.00 developer's contribution to the CityAttorney's Operating Budget in the General Fund. Agreement with Gateway, LLC to initiate eminent domain action to secure construction of improvements and guaranteeing payment for acquiring offsite real property interest for Zone Change No. 00-0419 (Ordinance No. 4000); Gateway, LLC, Developer. Acquisition of offsite real property interest for Vesting Tentative Parcel Map No. 11013 (Mountain View Bravo, LLC): Agreement with Borton, Petrini & Conron, LLP to provide legal services in an amount not to exceed $75,000.00. Appropriate $75,000.00 developer's contribution to the City Attorney's Operating Budget in the General Fund. Memorandum of Agreement with Kern Council of Governments ($30,000.00) for the preparation of the Fair Housing, Analysis of Impediments. Appropriate $30,000.00 Technical Assistance Grant Funds to the Economic Development Operating Budget within the General Fund. Agreement with Cotton/Bridges/Associates, a division of P & D Consultants, Inc. (not to exceed $30,000.00) for assistance in the preparation of the Analysis of Impediments to Fair Housing Choice (Department of Housing and Urban Development, Consolidated Plan 2010). Ground Lease Agreement with Steve Hendrix for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport for a monthly lease fee of $60.00. Ground Lease Agreement with George Sturges, Jr. for purposes of constructing an aircraft storage hangar at the Bakersfield Municipal Airport for a monthly lease fee of $60.00. 4. CONSENT CALENDAR continued bb. Microsoft Office Software: 1. Enterprise Agreement with Microsoft Corporation. Accept Iow bid of CompuCom Systems, Inc. to provide Microsoft Products to the City under the Enterprise Agreement in an amount not to exceed $200,000.00. cc. Annexation Agreement with Ed Coyne. (Ward 4) dd. Exchange of real property located at Renfro Road and Johnson Street: Memorandum of Understanding with Lennar Homes of California, Inc. to exchange real property. 4 Appropriate $175,000.00 Transportation Development Fund Balance to the Capital Improvement Project Budget. (Ward 4) ee. Amendment No. 1 to Agreement No. 04-086 with the Law Firm of Duane Morris ($25,000.00, total contract not to exceed $75,000.00) for outside legal services in the matter before the California Public Utilities Commission relating to the Kern Power Plant. Amendment No. 1 to Agreement No. 03-266 with L. N. Curtis & Sons to extend agreement for twelve (12) months ($64,000.00 for a revised not to exceed compensation of $128,000.00) for protective jackets and trousers for the Fire Department. gg. Amendment No. 1 to Agreement No. 03-238 with Marden Susco to extend agreement for twelve (12) month ($300,000.00, for a revised not to exceed compensation of $700,000.00) for fire hydrants and burys. hh. Amendment No. I to Design Consultant Agreement No. 03-176 with Mclntosh & Associates ($150,000.00, for a total not to exceed $300,000.00) for additional on-call civil engineering services. ii. Amendment No. 1 to Design Consultant Agreement No. 03-177 with Meyer Civil Engineering ($150,000.00, for a total not to exceed $300,000.00) for additional on-call civil engineering services. jj. Amendment No. 1 to Design Consultant Agreement No. 03-178 with Quad Knopf, Inc. ($150,000.00, for a total not to exceed $300,000.00) for additional on-call civil engineering services. kk. Amendment No. 1 to Design Consultant Agreement No. 03-179 with Ruettgers & Schular Civil Engineers ($150,000.00, for a total not to exceed $300,000.00) for additional on-call civil engineering services. (Ward 2) II. Contract Change Order No. 1 to Agreement No. 03-376 with Performance Electric Company ($18,800.00, for a revised contract amount of $102,269.00) for the Fire Station No. 1 electrical renovation. (Ward 2) mm. Contract Change Order No. 2 to Agreement No. 03-243 with S. C. Anderson Inc. ($33,132.90, for a revised contract amount of $5,934,584.82) for the McMurtrey Aquatic Center Project. (Ward 4) (Ward 4) (Ward 1) CONSENT CALENDAR continued nh. Contract Change Order No. I to Agreement No. 02-235 with Kem County Construction ($19,608.00, for a total contract amount of $328,599.00) for the three turbine can pumps for the Water Resources Department. Bids: OO. Accept bid to award contract to Maximum Engineering, Inc., (not to exceed budgeted amount of $75,000.00) for woodwaste and greenwaste grinding services for the Solid Waste Division. PP. Accept bids from Rehrig Pacific Company ($148,802.94) and Toter, Inc., ($110,180.07) for refuse, yard waste and recycling containers for the Solid Waste Division (total compensation $258,983.01). qq. Accept bids from Insight Public Sector ($25,630.62) and Cogent Direct ($17,007.66) for replacement GIS Workstations for Information Technology Division (total award $42,638.28). rr. Extend bid from Quinn Company ($202,506.95) for one (1) replacement articulated four wheel drive loader, with buckets and grapple fork, for the Solid Waste Division. SS. Accept bid from Consolidated Electrical Distributor ($52,664.04) for street lamps and accessories for Public Works. rt. Accept bid from DMC Diagnostic & Engineering Inc. ($92,720.00) for construction of the Brimhall Road Waterline Relocation for the Water Resources Department. Miscellaneous: uu. Reclassification of Accounting Clerk I (Risk Management) to Administrative Analyst I. Authorize the Finance Director to forward to a collection agency, accounts receivable in various funds totaling $148,729.73. Staff recommends adoption of Consent Calendar items a through vv. CONSENTCALENDARHEARINGS General Plan Amendment/Zone Change 03-1539; Mclntosh & Associates has proposed a General Plan Amendment and an ordinance amendment for 81_+ acres located approximately 1,800 feet south of State Route 58 along the south side of Shirley Lane (extended) between South Sterling Street (extended) and South Oswell Street (extended). (Staff recommends adoption of resolution approving the Negative Declaration and the general plan amendment; and, give first reading to the ordinance.) Resolution adopting the Negative Declaration and approving the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-02 changing the zoning from A (AgricuJture) R-1 PUD (One Family Dwelling Planned Unit Development). (Ward 4) (Ward 1) (Ward 5) CONSENT CALENDAR HEARINGS continued General Plan Amendment/Zone Change No. 04-0313; M. S. Walker & Associates (property owner: Corvette, LLC) is proposing a mini-storage facility on 3.71 acres located on the east side of Patton Way, north of Meany Avenue. (Staff recommends adoption of resolutions and give first reading to ordinance.) Resolution adopting the Negative Declaration, upholding the Planning Commission decision, and approving the General Plan Amendment to change the land use designation from LR (Low Density Residential) to GC (General Commercial). Resolution adopting the Negative Declaration, upholding the Planning Commission decision, and approving the Amendment to the Riverlakes Ranch Specific Plan to change the land use designation from LR (Low Density Residential) to GC (General Commercial). First reading of Ordinance adopting the Negative Declaration, upholding the Planning Commission decision, and amending Title 17 of the Municipal Code and Zoning Map No. 102-16 to change the zoning from P (Automobile Parking) to PCD (Planned Commercial Development). General Plan Amendment/Zone Change 04-0423; SmithTech/USA Inc. has proposed a General Plan Amendment and an ordinance amendment on approximately 50 acres, located generally south of Panama Lane, generally east of South Union Avenue. (Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and give first reading to the ordinance.) Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from SR (Suburban Residential) to LR (Low Density Residential). First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from E (Estate) and A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling). General Plan Amendment/Zone Change 04-0429; Mclntosh & Associates for Centex Homes has proposed a General Plan Amendment, an ordinance amendment and Wiltiamson Act cancellation for 77 acres, located generally north of Panama Lane to Pensinger Road, west of Buena Vista Road. (Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment, give first reading to the ordinance and approval of the cancellation of the Williamson Act Contract.) Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 122-24 from A (Agriculture) to R-1 (One Family Dwelling). Resolution approving the Negative Declaration and adopting the Cancellation of the Williamson Act Contract. (Ward 3) 10. 11. 12. (Ward 4) CONSENT CALENDAR HEARINGS continued Continued Consolidated Public Hearing to consider appeals by Mclntosh & Associates of determination of incompleteness for Vesting Tentative Tract Maps 6257, 6258, 6259, 6260, 6261,6263, 6264, 6265, 6266 and 6267 (City in the Hills) located between State Route 178 and Paladino Ddve west of Masterson. Engineer: Mclntosh and Associates/Owners: Mountain View Bravo and S & J Alfalfa, Inc.) (This item has been withdrawn and appears on the agenda to conclude this matter.) Staff recommends adoption of Consent Calendar Headng items a through e. CLOSED SESSION Conference with Legal Counsel - Anticipated Litigation; Significant exposure to litigation pursuant to subdivision (b)(1) of Government Code Section 54956.9. One (1) potential case. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (a) (3 cases): 1. City of Bakersfield w City of Shafter 2. City of Bakersfield v. SPCA, et al 3. Bakersfield Firemen Labor Organization, et al v. City of Bakersfield, et al 4. North Kern Water Storage District, et al v. Kern Delta Water Storage District, et al. c. Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator. RECONVENED MEETING - 7:00 p.m. 7. ROLL CALL 8. INVOCATION by Reverend Madeline K. Elsea, Trinity United Methodist Church. 9. PLEDGE OF ALLEGIANCE by Meaghan Dadigan, 3¢~ Grade Student at Colonel Howard Nichols School. CLOSED SESSION ACTION PUBLIC STATEMENTS HEARINGS - Council may hear Consent hearfng items listed but not heard at 5:15 pm portion of meeting. a. Continued Public Hearing to consider Resolution changing the name of Windsong Street to Ashley Castle Street (Brian Castle) and resolution amending the street name change policy. Staff recommends Council determination. 12. (Ward 5) 13. (Ward 2) 14. (Ward 2) HEARINGS continued General Plan Amendment/Zone Change 04-0435; SmithTech/USA Inc. has proposed a General Plan Amendment and an ordinance amendment for 80 acres generally located along the south side of Panama Lane approximately 1,485 feet east of Buena Vista Road. The applicant has appealed the Planning Commission decision to deny this request. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). First reading of Ordinance adopting the Negative Declaration, and upon annexation, amending Title 17 of the Municipal Code and Zoning Map No. 123-30 from A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling). Staff recommends overturning the Planning Commission decision and adopt the resolution approving the Negative Declaration, approving the general plan amendment and give first reading of the ordinance. DEFERRED BUSINESS Approve transfer of the Holiday Inn Select owned by John Q. Hammons Hotels Two, L.P., to Newport Hospitality Group, as the ownership entity and Brighton Hospitality Corporation as the management entity. Staff recommends the City Council authorize the transfer of the Holiday Inn Select owned by John Q. Hammons Hotels Two, L.P., to Newport Hospitality Group, a California corporation, as the ownership entity and Brighton Hospitality Corporation, a California corporation, as the management entity. NEW BUSINESS Agreement with County of Kern involving Sphere of Influence Boundaries, Development Standards and Zoning Requirements. Staff recommends approval of agreement. b. Jefferson Pool Rehabilitation and Wet Play Area: Accept bid to award contract to S. C. Anderson, Inc. ($2,275,800.00) for base bid ($1,981,000.00); selective alternate Fiberglass Shingles Roof ($9,800.00) and the additive alternate Wet Play Area ($285,000.00) Appropriate $335,000.00 Central (Zone 2) Park Acquisition Funds Account Balance to the Capital Improvement Budget within the Park Development Fund. Staff recommends acceptance of Iow bid, award of contract, and approval of appropriation. Agreement with the Tree Foundation of Kern (not to exceed $28,400.00) for remibursement of trees and planting materials within City parks and public right of ways. Staff recommends approval of agreement. 8 15. COUNCIL AND MAYOR STATEMENTS '16. ADJOURNMENT Respectfully submitted,/.-] A~n Tandy / City Manager / 8/12/04 4:00pm ADMINISTRATIVE REPORT IMEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela McCarthy, City Clerk APPROVED DEPARTMENT HEAI~,~ / August 6, 2004, 2004 CITY ATTORNEY CITY MANAGER Approval of minutes of the July 21, 2004 Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: ,! ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 6, 2004 SECTION: Consent Calendar APPROVED DEPARTMENTHEAD~~ CITYATTORNE~ ~ CITY MANAGER_ Approval of department payments from July 9, 2004 to August 5, 2004 in the amount of $14,191,668.33 and self insurance payments from July 9, 2004 to August 5, 2004 in the amount of $1,190,373.50. RECOMMENDATION: Staffrec°mmendsapprovalofpaymentstotaling$15,362,041.83 BACKGROUND: k~g August 61 2004, 2:46PM S:\KimG\Forms & Lables~ADMIN~AP.doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 I ITEM: AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director August 10, 2004 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER APPROVED / First Reading of Ordinance amending Section 2,28.090 of the Bakersfield Munl~ Code Relating to Board of Zoning Adjustment adding the Community Development Coordinator as alternate. (Wards All) RECOMMENDATION: Staff recommends first reading. BACKGROUND: The Board of Zoning Adjustment is a permanent committee appointed by the City Council to consider specific land use matters of a technical nature that includes conditional use permits and zoning modifications of development standards. The Board is comprised of three regular and alternate members. Members are the Building Director, Economic Development Director and the Public Works Director, who hold public meetings on the second Tuesday of each month in the City Council Chambers. Due to recent organizational shifts within the Economic and Community Development Department, it is necessary to revise the ordinance to provide flexibility in staff coverage for the Board of Zoning Adjustment by adding the Community Development Coordinator as an alternate. Currently, the Principal Planner assigned to the Economic Development Department is the only alternate. S:~Adrnins\Cily Council\SZA ocdinance change.doc 8/1012004 8:01 AM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent ITEM: 4. CK. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning APPROVED DEPARTMENT HEAD ~'~' ~-~ 2004 CITY ATI'ORNEY' ~_~--,~ July 26, CITY MANAGER ~/,// Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 102-06 from A to an E zone on 80 acres, located west of Calloway Drive, generally north of Snow Road. (ZC 04-0551). (Ward 4) RECOMMENDATION: Staff recommends the first reading of the Ordinance. BACKGROUND: This change would permit the development of single family units on the 80 acre site. The Planning Commission conducted a public hearing on this Zone Change and recommended City Council approval on July 15, 2004. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. 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 17, 2004, in accordance with CEQA. MO Admin\aug\8-18-0551 ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar TEM: H. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council A~/P,~ROVED Raul Rojas, Public Works Director DEPARTMENT HEAD August 10, 2004 CITY ATTORNEY c~_~-- CITY MANAGER /~/ / An ordinance amending subsection 14.12.270(B) and repealing section 14.12.410 and adding new sections 14.12.410 through 14.12.417 of the Bakersfield Municipal Code relating to Sewer Permits and Violations. RECOMMENDATION: Staff recommends second reading and adoption of the ordinance. BACKGROUND: As specified in 40 CFR 403.8(f)(5), the City of Bakersfield is required by federal law to develop an Enforcement Response Plan (ERP). City Staff, working with Carollo Engineers, has developed an ERP that contains detailed procedures indicating how the City investigates and responds to instances of Industrial User (tU) noncompliance (illegal industrial waste discharge to the sanitary sewer system.) This ERP provides guidance for actions taken in response to all types of IU violations; the time periods within which responses will take place; and identifies the official(s) responsible for each type of response. The trial period has concluded and the staff has modified the procedures to make them most suitable for the City's operation and is ready to have the ERP finalized. In order for the ERP to work, the Municipal Code sections listed above must be repealed or amended. These Municipal Code revisions are necessary to give City staff authority to enact the ERP to control illegal discharges of industrial waste to the sewer system and to prevent damage to our wastewater treatment plants and the environment. The actions required are to amend subsection 14.12.270(B), to repeal section 14.21.410, and to add new sections 14.12.410 through 14.12.417. City staff will, after adoption of the ordinance amendment, recommend the adoption of the Enforcement Response Plan. ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent ITEM: ~. ~', TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~"I~P./R~VED Development Services - Planning DEPARTMENT HEAD CITY ATTORNEY//~*'~ July 26, 2004 Ordinance adopting a negative declaration and amending Section 17.06.020(Zone Map No.103-22) 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 on 7.5+ acres generally located on the southeast corner of Mount Vernon Avenue and State Highway 178 to allow a 48,183 square foot commercial shopping center.(Developer: Cahan Properties) (File # 04-0480) (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of the ordinance on July 21,2004. On July 1, 2004, the Planning Commission recommended approval of PCD Zone Change #04- 0480 to allow development of a mixed use commercial shopping center· The project site is located at the southeast corner of State Highway 178 and Mount Vernon Avenue. The shopping center proposed by Zone Change #04-0480 reduces the total building square footage of the previously approved PCD from 67,300 to 48,183 square feet. The previously approved grocery store building has been changed to depict a large retail store (OfficeMax) and an in-line tenant building. In addition, a restaurant pad and retail pad have been added. Four pads fronting Mount Vernon Avenue remain. Building plan checking is nearly complete on two of these for pads for fast food restaurants. No one spoke at the public hearing and the applicant has agreed all the conditions of approval. Past actions on the project site include approval of General Plan Amendment and concurrent Zone Change #P00-0744 on February 14, 2001. The Council approved General Commercial land use designation on the project site and the adjacent Home Depot property, which covered 27.9 acres. Council approved C-2 (Commercial) zoning for the Home Depot site and required the remaining area west of Home Depot to be developed pursuant a PCD (Planned Commercial Development) zone. PCD ZC #04-0480 complies with the GPA condition to develop the property under a PCD zone. ADMINISTRATIVE REPORT Page 2 In September 2002, the City Council approved PCD Zone Change 02-0263. This PCD consisted of 67,300 square foot shopping center including a grocery store and four fast food restaurants. Much of the discussions focused on internal circulation of the shopping center. Several conditions related to traffic improvements along the extension of Mall View Road through the project site to Mount Vernon Avenue were adopted. These conditions have been carried over and included in the conditions of approval for PCD Zone Change 04-0480. The developer is required to extend the second east bound lane and channelize to provide a trap right turn lane at the first north-south parking aisle. Street improvements along Mt. Vernon Avenue have been completed with the Home Depot construction. The proposed architecture of the OfficeMax and in-line tenant building depicts single stoW buildings. The color scheme includes brown and beige stucco finish on the top half of the buildings, and split-face block on the bottom half of the front elevation. Red metal batons and round steel columns provide contrasting accent. A decorative cornice runs along the roofline of the in-line tenant building. The elevation of the retail pad building continues the same brown/beige stucco finish with block pilasters. A cornice trims the roofline and red metal columns accent the main entrance. The restaurants each have an oversized parapet over the entrance and carry the similar color schemes as the retail buildings. The landscape plans depict the silk tree, fern pine and afghan pine. Shrubs and ground cover include daylilies, privets India hawthorn star jasmine and turf. Most of the applicant's landscaping plan appears to be consistent with Zoning Ordinance requirements, except for minor additions, including but not limited to installing a 7-foot wide landscape strip along the entire south boundary of the commercial site, providing the 40% shade coverage, and additional trees in some parking areas and building frontages. Final landscape plans are required to comply with the Zoning Ordinance. Based on ordinance requirements, the proposed 7.5 acre shopping center would be required a minimum 345 parking spaces. The site plan shows 345 parking spaces. However, the required Fire Lane adjacent the in-line retail building eliminates 14 parking spaces. The developer shall need to reduce building square footage to meet the parking ordinance requirements. The site plan depicts shared drive aisles and internal street connection between the subject property and Home Depot. A covenant or easement for reciprocal parking and access is required. There is a remnant stretch of right-of-way, which had served as a frontage road paralleling Mount Vernon Avenue as access to an existing church located north of the shopping center. As a condition of the approval for related GPA #P00-0744, this frontage road would not be used for traffic. Access to the church is now provided through the shopping center between the Home Depot and this shopping center site. The City retains the right-of-way for this frontage road to use in the future for the redesign of the Hwy. 178 on-ramp from Mount Vernon. As previously conditioned, until that on-ramp project is ready for construction, staff recommends the developer install a landscape strip (per Landscape Ordinance standards) along the east and west sides of the remnant right-of-way. One 10-foot wide landscape strip would be behind the sidewalk along the west side of this right-of-way that would be removed upon construction of the on-ramp project. The second landscape strip would be minimum 10-feet wide along the east boundary of the right-of- way and be permanent. A 10~foot wide landscape strip would also be constructed across the south boundary of the remnant right-of-way. This landscaping would be maintained by the developer. Staff is of the opinion that these requirements would greatly enhance the aesthetics of the shopping center from Mount Vernon Avenue (an arterial street) and reduce confusion of drivers seeing regular travel lanes on Mount Vernon Avenue and a frontage road that is no longer in use. ADMINISTRATIVE REPORT 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\july\8-18-0480 ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. 9' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director L~EPARTMENT HEAD July 14, 2004 CITY ATTORNEY CITY MANAGER A Resolution approving the destruction of certain obsolete City recofcl~, dbcuments, instruments, books and papers, pursuant to Section 34090 et seq. of the Government Code of the State of California (Public Works Department). RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: This Resolution authorizes the Public Works Depar[ment to destroy obsolete records and reports, etc., in accordance with Exhibit "A" of the Resolution. Governmental Code Section 34090 permits destruction of certain public records upon the approval of the City Attorney and a Resolution adopted by the City Council. Attached is a copy of the Records Destruction Schedule marked Exhibit "A". dns/GL July 14, 2004, 9:04AM G:/GROUPDAT~ADMINRPTk2004\08-18\Record Destruction Admin dot ~ ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ~ . ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council {~OVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD . August 2, 2004 CITY A'f'I'ORN f~EY~ CITY MANAGER a~p/p/// Resolution dispensing with bidding procedures due to emergency cie required for sewer spill at the corner of McCutchen Road and Gosford Road, not to exceed $210,906 0Nard 6). RECOMMENDATION: Staff recommends approval of Resolution. BACKGROUND: This administrative report provides a summary of actual costs incurred for the emergency cleanup required for the sanitary sewer spill. Background Information On Wednesday June 16th, 2004 Wastewater Treatment Plant 3 experienced multiple power outages and a malfunction in the sewage pumps at the Plant. These outages also contributed to a breakdown in the City's emergency calK-out system. Early Thursday morning, June 17th, sewer wastewater spilled out of the collection system onto land in the vicinity of the intersection of McCuthchen and Gosford Roads. The intersection is located one mile south of Panama Lane and Gosford. The property at the southwest corner is occupied by Golden Valley Concrete Company and Structurecast. Golden Valley operates a concrete batch plant at the location and Structurecast makes pre-cast concrete products. Wastewater from these sites was removed and disinfected. Most of the wastewater however, went on the property at the northwest corner of McCutchen and Gosford. Approximately 6 acres of the farmland was flooded. City and outside forces were mobilized to remove the wastewater, remove wet soil, import olean soil, spread and level it. The farmer was oompensated for his lost crop. The attached memo from the Public Works Director provides more detailed information on the emergency cleanup and outlines what steps will be implemented to prevent a reoccurrence. Summary of Costs The attached Resolution authorizes the dispensing of bidding requirements as set forth in Section 3.20.060 of the Bakersfield Municipal Code. Contractor/vendor payments totaling $210,906 were incurred for the emergency cleanup. This amount excludes labor costs incurred by City staff. The funding source for these expenses was the Sewer Enterprise Fund. August 2, 2004, 2:13PM DWhitten G:\GROUPOAT~ADMINRP~2004~08-18\Emergency Admin Sewer SpilLdot.doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar TEM: /..1,, [. TO: Honorable Mayor and City Council ~ED FROM: William R. Rector, Chief of Police DEPARTMENT HEAD DATE: August 6, 2004 CITY ATI'ORNEY .~~ CITY MANAGER SUBJECT: Resolution authorizing the Bakersfield Police Department to submit grant applications to the U.S. Department of Justice Local Law Enforcement Block Grant (L.LE.B.G.) Program every year for the next five (5) years. RECOMMENDATION: Staff recommends the adoption of this resolution. BACKGROUND: Since 1996 the City of Bakersfield Police Department has applied to and received grant funding from the U.S. Department of Justice Local Law Enforcement Block Grant (L.L.E.B.G) Program. The L.LE.B.G. Program provides funds to units of local government to underwrite projects to reduce crime and improve public safety. The grant amount being offered for 2004 is $62,912.00. The grant requires a 10% match of grant funds ($6,990.00). The 10% match will be funded by the Asset Forfeiture Fund of the Bakersfield Police Department, and will not impact the City's General Fund. In an effort to streamline the grant application process in future years, this resolution authorizes the City to apply for this grant every year for the next five years. The purpose of this resolution is only to give the City the authority to apply for this grant. Once the grant is applied for and awarded, a second administrative report will be brought before the City Council for the purpose of conducting a public hearing to consider proposed L.L.E.B.G. expenditures and the appropriation of the L.L.E.B.G. award to the General Fund Police Department Operating Budget. DB August 9, 2004, 4:16PM P:\BPD\GRANTS\LLEBG~Admin Rpt - 2004 LLEBG Application.doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent ITEM H .,,~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Development Services - Building August 4, 2004 DEPARTMENT HEAD~,~/~ CITY ATTORNEY CITY MANAGER A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant to City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Ward 1,2 & 7) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on July 12, 2004, by the Assistant to City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintainin9 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. 3505 Anderson Street 172-091-13 $ 294.00 2. 231 Clyde Street 018-380-19 $ 495.00 3. SEC Ohio & Tollhouse 169-061-08 $ 294.00 4. 3617 Oliver Street 172-102-22 $ 294.00 5. 499 Pacheco Road #170 412-065-26 $ 644.00 6. 917 10th Street 009-162-19 $ 264.00 Councilmember BenhamRVard 2 7. NWC 2nd & Eye Street 010-280-13 $ 264.00 August 4, 2004, 10:52AM P:\augl 8bH .doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION Councilmember Salva,cl.qio/Ward 7 8. 1305 Wilson Road APN COST 022-021-04 $ 534.00 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 properly 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 to City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. August 4, 2004. 10:52AM P:\aug18b11 doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Development Services- Planning DEPARTMENT HEAD"~t-' August 3, 2004 CITY ATTORNEY. CITY MANAGER DEVELOPMENT PLAN REVIEW - 2210 MING AVENUE (PROJECT NO. 04-0~92) Resolution approving Development Plans for the addition of a 1,056 square foot modular office building to an existing 74+ acre site commercial office site, within a C-O/PCD (Professional and Administrative Office/Planned Commercial Development) zone district. (Ward 7) RECOMMENDATION: Adopt the resolution approving the P.C.D. Development Plan for 2210 Ming Avenue. BACKGROUND: The Planning Commission recommends approval of this development plan. The applicant is requesting approval of development plans to allow the addition of a 1,056 square foot modular office building to an existing commercial office site. The site is zoned C-O/PCD (Professional and Administrative Office/Planned Commercial Development Overlay). The PCD overlay requires that the development plans be approved by the Planning Commission at a noticed public hearing, and by the City Council. A public hearing by the City Council is not required unless the Council decides to disapprove the Planning Commission's recommendation, or add to or change the conditions of the project (BMC 17.54.030 C.,D.). The project site is within the boundaries of Ming Avenue No. 9 Annexation, which was approved by the City Council on August 8, 2001 (annexation effective November 1, 2002). Ming Avenue No. 9 incorporated the area on the north side of Ming Avenue between Baldwin Road, Anita Lane and June Avenue into the City limits. Development plans for establishment of the existing office were approved by the Council on January 15, 2003. Conditions of approval contained in the attached resolution incorporate the conditions of approval for GPA/ZC 02-0316 (approved by the City Council on August 21, 2002), Site plan Review Conditions and discretionary conditions added at Planning Commission. ADMINISTRATIVE REPORT The Planning Commission unanimously approved this development plan on July 1, 2004 as they found the proposal met all minimum development standards and appropriate mitigation measures imposed by GPA/ZC 02-0316 by the City Council. No comments either in support or opposition were presented as part of the record. Since the proposal satisfies all required conditions and mitigation, the Planning Commission has recommended that this development plan be approved. LP Admin\8-18-0692 ADMINISTRATIVE REPORT IMEETING DATE: August 18. 2004 AGENDA SECTION: Consent ITEM: ~. L. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Development Services - Planning DEPARTMENT HEAD ~?~, August 4, 2004 CITY ATTORNEY CITY MANAGER ~-/ / Development Plan Review - Planned Unit Development for 1000 Riv'e~rr Rar~ch Drive (Proiect No. 04-0518, Froehlich Construction/Porter-Robertson). (Ward 4) Resolution approving development plan review for construction of 159 multiple family dwellings and rental office/clubhouse, and recreation areas on 18.83 acres zoned R-2 PUD (Limited Multiple Family Dwelling-Planned Unit Development). RECOMMENDATION: Adopt the resolution approving the P.U.D. development plan for River Ranch Drive. BACKGROUND: The City Council referred this item to staff to facilitate discussion between the applicant and the area residents. On July 28, 2004, the following attendees met to discuss the project. Attendees included Don Jaeger, Caroline Reid, Chris and Cindy Ronaghan, representing the neighborhood; Ron Froelich, the developer/property owner; Harold Robertson, the engineer, and Public Works, Traffic Engineering, and Planning Department staff. At the conclusion of the meeting, the neighborhood residents agreed to allow for Mr. Froelich's project move ahead with assurance from the Public Works Department that neighborhood circulation issues would be studied as explained below. The residents did not object to the development of the apartment project. Their concerns related to the increase of traffic into the neighborhood that would worsen the traffic circulation in the neighborhood. They expect apartment residents would use the neighborhood streets to access the traffic signal at Harvest Creek Road in order to turn west onto Brimhall Road. The neighborhood currently has problems with speeding, and the volume of cars, especially on Sand Creek Dr. and Harvest Creek Rd. They are also concerned that the traffic endangers the neighborhood children. The residents suggested a street connection on the east side of the apartments, instead of the ones connecting to River Ranch Drive, White Rock Drive, and Fox Run Drive. Mr. Froelich, the developer, explained that there is no room to construct a street to the east for the apartments because the towedines present a physical constraint and limit the usable area of the ADMINISTRATIVE REPORT Page2 property located east of the apartment site. The towerlines are located east of the apartment site. As a condition of approval of the related tract map for the apartment project, the east side of River Ranch Drive will be constructed, and the intersection of River Ranch and White Rock Drives will be a "T" intersection, which eliminates what the residents say is a dangerous curve. At the conclusion of the meeting, the City's Traffic Engineering representative offered to have two traffic evaluations prepared. The first is to review the possibility of stop signs on some of the neighborhood streets, especially along Harvest Creek Road. The second is to study whether River Ranch Drive and Brimhall warrants a traffic signal. These studies will begin in the next few weeks. The neighborhood representatives agreed to allow Mr. Froelich's project move ahead with assurance that the Public Works Department would review the traffic issues stated above. The Planning Commission approved the P.U.D. development plans on June 3, 2004. City Council approved the R~2/P.U.D. zoning for the site on February 11, 2004. The proposed project is located on 400 feet south of Brimhall Road, approximately 1,000 feet west of Brimhall. In addition to the Planning Commission hearing, this project has received previous public hearings and approvals that include General Plan Amendment and Zone Change #03-1178 approved in February 2004 changing the land use entitlements from commercial to multiple family residential. On May 20, 2004, the Planning Commission also approved Vesting Tentative Tract Map 6295 for this project. In all, there have been four noticed public hearings on this project. The project was also featured in an article in the Bakersfield Californian. No appeals were filed on the Planned Development Review or any of the related applications. In accordance with the ordinance requirement of the R-2/PUD designation, the site plan for this development is a perfunctory action before the City Council. Council's consideration of this development plan review is limited to architectural design. Since the Planning Commission approval in June, several residents have contacted staff to voice concerns with increased traffic and the location of the entrances to the apartment development. The proposed project is adjacent to an established single and multiple family residential neighborhood. The northernmost primary access is off River Ranch Drive, a local street, which currently carries multiple family and single family residential traffic from Brimhall Road into the neighborhood and the project area. The second access is from Fox Run Drive, a local street, which was planned to extend from the single family residential neighborhood to the east into the project area. Both access points to the project will be gated. The concern has to do with the multiple family residential traffic sharing the existing streets that serve the neighborhood. The project consists of primarily four-plexes on 40 lots to be constructed in two phases for a total of 159 units. The recreational amenities include an office/clubhouse with swimming pool and an open space turfed area. The typical design is for two buildings to front onto a common drive to access garages. The unit facing the street depicts architectural features such as arch facades, window with exterior trim, and varying rooflines and gables. The gated private street has 90 degree angle parking to serve as guest parking. The development is required to provide a minimum of 477 parking spaces per ordinance. There are 441 regular parking spaces shown on the proposed site plan. In addition, there are 318 tandem spaces. The tandem spaces are located in the front of the garages. A total of 759 spaces are shown on proposed site plan. The project would be short about 51 regular parking ADMINISTRATIVE REPORT Page3 spaces. Per BMC Section 17.58.110 (3), the Planning Director may approve tandem spaces to be counted toward meeting the minimum parking requirements. Tandem spaces must be the standard size of a regular parking space at 9' wide x 18' long. The tandem parking provided for each unit would more than accommodate the shortage of regular parking spaces No parking shall be allowed along the bulb portion of the cul-de-sacs in order to provide enough turning clearance for emergency (fire trucks) and public service (garbage trucks). In order to provide for the visual relief along the street frontages, the applicant has alteroated the parking areas with landscaped areas. These landscaped areas provide for the meandering sidewalk. The end unit faces the street. The resulting visual appearance is consistent with the intent of the City's ordinance of providing staggered setbacks along the street for multiple family dwellings with 4 units or less. The single-story apartment units will be constructed of stucco with brick and wood trim, will be painted earth tones and will have tile roofing. There are four different elevations proposed. The elevations show alternate window shapes and treatments, such as shutters, plant ledges, and different patterns in the windowpanes. Parapets are shown in varying widths and heights. The landscaping plan depicts a variety of evergreen and deciduous tress including Bay Laurel, southern magnolia, evergreen Chinese elm, red oak, red maple, white alder, ash, Chinese pistache, crape myrtle and palm trees. Hypercium, star jasmine, ice plant, gazania and turf are the proposed ground covers. At a minimum, landscaping shall conform to the City's Zoning Ordinance. The project site is an infill project and is ideally located for a multi-family residential development. The site is in close proximity to existing and future commercial services, schools and parks. Residents could walk or bike a short distance to jobs and services. Based upon an initial environmental assessment in conjunction with related Vesting Tentative Tract Map 6295, 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. JE Admin\8-18-0518 ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 I ITEM: L~. ~rt. AGENDA SECTION: Consent Calendar TO: APPROVED CITY MANAGE~ SUBJECT: Resolution levying amended assessment amounts for parcels located in City of Bakersfield Assessment District 03-3(Seven Oaks West III/Brighton Place II/Fairway Oaks South). Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 30, 2004 RECOMMENDATION: Staff recommends adopting resolution. BACKGROUND: On April 28, 2004, Council approved the Resolution 177-04 levying assessments of unpaid principal for parcels within the boundaries of the City of Bakersfield Assessment District 03-3(Seven Oaks West Ill/Brighton Place II/Fairway Oaks South). The Bond issue amount was estimated to be $6,625,000. Subsequent to the adoption of Resolution 177-04, the actual amount of bonds issued for the district was $6,455,000($170,000 less than originally estimated). This resolution authorizes an "amended" assessment lien be recorded to reduce the lien amount for the various parcels within the assessment district, as detailed in Exhibit A to this resolution. The amended levy amounts are lower than the original levy amounts and they more accurately reflect the actual amount of unpaid principal bonds outstanding. S:\CORE Y~ADM IN~RE DUCTIONLIEN.DOC klg ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ,~, r~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD August 5, 2004 CITY ATTORNEY c.._/~'~z' ~--~ CITY MANAGER Hom t Assessment District No. 04-1 (Countryside/The es ead/Cherry Hill/~Oli~/ve P~ark Ill): Ward 4) Resolution preliminarily approving Engineer's Report and setting date for public hearing for protests. Resolution approving Acquisition and Disclosure Agreements with Centex Homes, J & L Gardner, LLC., Cherry Hill, Inc., Olive Park Land Company; and authorizing changes thereto and execution thereof. RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On May 26, 2004 Council adopted the Resolution Approving the Boundary Map, Resolution of Intention 1336 and the Resolution Accepting Petition and Determing to Undertake Special Assessment Proceedings. The proposed district has four distinct subareas that will be constructed by the Developers (Centex Homes, J & L Gardner, LLC, Cherry Hill, Inc. and Olive Park Land Company). Countryside: This subarea is located south of Snow Road, west of Old Farm Road, east of Allen Road, north of Olive Drive and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by the developer (Centex Homes), with acquisition of the improvements upon completion. The improvements include construction of streets, curb, gutter, sidewalk, storm drain, median deposit and street lights for Tracts 6118 and 6195. Homestead: This subarea is located south of Reina Road, west of Old Farm Road, east of Allen Road, north of Noriega Road and is planned for Residential development. It is proposed that the improvements for this subarea will be completed by the developer (J & L Gardner, LLC), with acquisition of the improvements upon completion. The improvements include construction of streets, curb, gutter, sidewalk, block wall and street lights for Tract 6234. JAS @ 3592 ~* August 5, 2004, 9:32AM G:\GROU P DAT%ADMINRPT~2.004\08-18~AD04-1 prelengrpt.doc ADMINISTRATIVE REPORT Page 2 4, Cherry Hill: This subarea is located south of Reina Road, west of Jewetta Avenue, east of Old Farm Road, north of Noriega Road and is proposed for new residential development. It is proposed that the improvements for this subarea will be constructed by the developer (Cherry Hill, Inc.), with acquisition of the improvements upon completion. The improvements include construction of streets, curbs, gutter, sidewalk, sewers and storm drains for Tract No. 6143 Unit 2. Olive Park Ilk This subarea is located south of Olive Drive, west of Jewetta Avenue, east of Old Farm Road, north of Reina Road and is proposed for new residential development. It is proposed that the improvements for this subarea will be constructed by the developer (Olive Park Land Company), with acquisition of the improvements upon completion. The improvements include construction of streets, curbs, gutter, sidewalk, street lights, block walls and storm drain for Tract No. 6117 Phase 3. The Resolution preliminarily approving the Engineer's Report also sets the date for the public hearing to hear protests on October 6, 2004. The Resolution Approving the Acquisition and Disclosure Agreement references an agreement between the City and the property owners for improvements within the boundaries of the Assessment District No 04-1. Once the Resolution is adopted, the next step is to mail notices and have the Assessment Engineer prepare and file with the City Clerk a Final Engineer's Report. The Final Engineer's Report will be ready for Council's adoption on the October 6, 2004 meeting just after the close of the protest hearing. The Preliminary Engineer's Report is on file at the City Clerk's Office. JAS @ 3592 -- August 5, 2004, 9:38AM G:\GROU PDAT~,DMIN R PT~2004\08.18~AD04-1 prelengrpt doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar TEM: ~..O. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD July 29, 2004 CITY ATTORNEY CITY MANAGER Resolution of Intention No. 1339 to add territory, Area 4-30 (City in the Hills) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Parcel Map 11013, to be included in the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of public parks and street landscaping. Staff recommends the addition of territory, Area 4-30 (City in the Hills), to the Consolidated Maintenance District. Area 4-30 generally consists of Section 17, portion of Sections 19 and 20, and the SE1/4 of SE1/4 of Section 18, T29S, R29E, M.D.B. & M. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. dc July 29, 2004. 1:16PM S:\PROJECTS\MAINDIST~ADMINRPT/MD4-30Ri05 dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ~ .~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Rojas, Public Works Director DEPARTMENT HEAD Raul M. July 29, 2004 CITY ATTORNEY., Resolution of Intention No. 1340 to add territory, Area 1-48 (Renfro, Johnson SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6186 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median and street landscaping. Area 1-48 is generally bounded by Johnson Road on the north, Renfro Road on the east, and the proposed Westside Parkway on the south and west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of the covenant is attached for reference. July 30, 2004, 2:01PM S:\PROJECTS\MAINDIST~ADMlNRPT~MD1-48roi05 dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD July 29, 2004 CITY ATTORNEY,,/~ _ CITY MANAGE; Resolution of Intention No. 1341 to add territory, Area 3-26 (Stine, Mg~/e'e I(IW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract No. 6170 to be included in the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Staff recommends the addition of territory, Area 3-26 (Stine, McKee NW), to the Consolidated Maintenance District. Area 3-26 is generally bounded by a line 1977.59 feet north of McKee Road on the north, Miller Ridge Drive and Farmer's Canal on the east, McKee Road on the south and West Ridge Drive on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waive the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. July 29, 2004, 10:44AM S:~PROJ ECTS\MAIN D~ST~ADMINRPT\M D3-26Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: L~. r. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 29, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY /~c~//~ CITY MANAGER Resolution of Intention No. 1343 to add territory, Area 1-49 (Calloway, Retail NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Parcel Map 10954 to be included into the Consolidated Maintenance District as required by section 13.04.02t of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median and street landscaping. Area 1-49 is generally bounded by a line 684.61 feet north of Rosedale Highway on the north, a line 615.53 feet east of Calloway Drive on the east, Retail Drive on the south and Calloway Drive on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel map. A copy of the covenant is attached for reference. July 30, 2004, 1:57PM S:\PROJ ECTS\MAiNDIST~ADMINRPT~MD 1-49roi05.dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: /--[. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD Z/~.-..~, July 29, 2004 CITY ATTORNEY CITY MANAGER Resolution of Intention No. 1344 to add territory, Area 5-14 (Pacheco, H~ghe~ NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Repod. (Ward 7). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Parcel Map No. 10981 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 5-14 is generally bounded by Southern Pacific Railroad on the north, Hughes Lane on the east, Pacheco Road on the south and Freeway 99 on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the parcel map. A copy of this covenant is attached for reference. dc July 29, 2004, 4:52PM S:\PROJECTS\MAINDIST~ADMINRPT~MD5-14Ri05 dot dc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 29, 2004 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY CITY MANAGER Tract Maps and Improvement Agreements Final Map and Improvement Agreements with First Capital Mortgage Corporation, for Tract 6153 Unit I located south of Reina Road and west of Jewetta Avenue. (Ward 4) Final Map and Improvement Agreements with Mary Candace Davies, for Tract 6177 Unit 1 located north of Hosking Avenue and east of South H Street. (Ward 7) Final Map and Improvement Agreements with Olive Park Land Company for Tract 6117 Unit 2 located north of Reina Road and east of Old Farm Road. (VVard 4) Final Map and Improvement Agreements with GMAC Model Home Finance and Lennar Bakersfield, Inc. for Tract 6186 located west of Renfro Road and south of Johnson Road. (Ward 4) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. td NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. August 3, 2004, 1 t:29AM G:\GROUPDAT~AOMINRPT\2004\O8-18\MAP AND IMPROVEMENT AGR.dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: u~. u.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Virginia Gennaro, City Attorney DEPARTMENT HEAD /,/~-- ^ rOR.E¥ July 20, 2004 CITY MANAOER Agreement to provide legal services in the acquisition of offsite real pro~rty~nterest for Zone Change 00-0419, Panama Lane &Highway 99 (Gateway, LLC). (Ward 7) Agreement between Doyle, Penner, Bradley & Watson and City of Bakersfield to provide legal services in an amount not to exceed $75,000. Appropriate $75,000 developer's contribution to the City Attorney's Operating Budget in the General Fund RECOMMENDATION: Staff recommends approval of the Agreement and appropriation. BACKGROUND: Developer (Gateway, LLC) has approached the City to use its eminent domain power to help in securing offsite improvements for an east-bound right turn lane on the south side of Panama Lane at Colony Street (a condition of Zone Change P00-0419), a project already approved by the City. The developer has deposited $20,000 as an advance on the payment of all costs associated with this condemnation and has submitted the required bond. In the event the condemnation expenses exceed the deposited amount, the developer will contribute the additional funds. The law firm of Doyle, Penner, Bradley & Watson specializes in real property acquisitions and, given current staff levels, utilizing the services of this law firm is in the best interests of the City and at no cost to the City. Staff recommends approval of the Agreement. July 20, 2004, 11:37AM S:\COUNClL~Admins~AttyRetainerAgr. OoylePennerBradleyWatson.dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ~. V, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Virginia Gennaro, City Attomey DEPARTMENT HEAD /,'/~- August 11, 2004 CITY ATTORNEY CITY MANAGER//////'// Agreement to initiate eminent domain action to secure construction of imp~o've~ents and guaranteeing payment for acquiring offsite real property interest for Zone~-----Change # 00- 0419 (Ordinance No. 4000); Gateway, LLC, Developer (Ward #7) RECOMMENDATION: Staff recommends approval of the contract. BACKGROUND: Developer (Gateway, LLC) has approached the City to use its eminent domain power to help in securing offsite improvements (east-bound right turn lane on the south side of Panama Lane at Colony Street) for a project already approved by City. The property is owned by Glen McMenomy and leased to Bashar Najdawi for a Chevron gas station. The Developer must acquire the property to comply with City's state- mandated project requirements. As is typical for these situations, Developer has executed an agreement which guarantees Developer will pay all costs of acquisition through the eminent domain process, pursuant to Government Code Section 66462.5 et seq. The Developer has also posted with the City the required security deposits to begin the eminent domain process. S:\CO U N CIL~Adrnins\GatewayDeveloprnentAgr, doc 8/11/2004 8:26 AM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: L~. W. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney July 20, 2004 CITY MANAGER offs" Agreement to provide legal services in the acquisition of ~[e rea~ propen Vesting Tentative Parcel Map No. 11013 (Mountain View Bravo, LLC). (Ward APPROVED DEPARTMENT HEAD CITY ATTORNEY /~ / iterest for Agreement between Borton, Petrini & Conron, LLP and City of Bakersfield to provide legal services in an amount not to exceed $75,000. Appropriate $75,000 developer's contribution to the City Attorney's Operating Budget in the General Fund RECOMMENDATION: Staff recommends approval of the Agreement and appropriation. BACKGROUND: Developer (Mountain View Bravo, LLC) has approached the City to use its eminent domain power to help in securing offsite improvements for the Masterson Street alignment (a condition of General Plan Amendment/Zone Change P99-0647), a project already approved by the City. The developer has deposited $20,000 as an advance on the payment of all costs associated with this condemnation and has submitted the required bond. In the event the condemnation expenses exceed the deposited amount, the developer will contribute the additional funds. The law firm of Borton, Petrini & Conron specializes in real property acquisitions and, given current staff levels, utilizing the services of this law firm is in the best interests of the City and at no cost to the City. Staff recommends approval of the Agreement. July 20, 2004, 11:34AM S:\COU N ClL~Admins~AttyRetainerAgr. BortonPetdni. VTPM 11013.dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 ITEM: AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ,APPROVED Donna L. Kunz, Economic Development Director DEPARTMENT HEAD August 10, 2004 CITY ATTORNEY ~/'~__~ CITY MANAGER .. Memorandum of Agreement between the Kern Council of Governments ~'~the'/Oity of Bakersfield for a $30,000.00 KernCOG grant for the preparation of the Fair Housing, Analysis of Impediments. 1) Appropriate $30,000.00, Technical Assistance Grant funds to the Economic Development, Operating Budget within the General Fund. RECOMMENDATION: Staff recommends approval. BACKGROUND: In accordance with the U.S. Department of Housing and Urban Development (HUD) guidelines, in order to continue to receive Community Development Block Grant program funds, the City must prepare a Consolidated Plan every five years. The plan is a strategic plan that addresses how the City will use HUD programs to improve the housing and community development activity for the Iow-income population of its jurisdiction. One component of that plan is an Analysis of Impediments for Fair Housing Choices. The Analysis of Impediments is a comprehensive review of a judsdiction's laws, regulations, and administrative policies, procedures, and practices affecting the location, availability, and accessibility of housing as it relates to fair housing choice. The Analysis of Impediments is also a disclosure and review of impediments to fair housing choice in the public and pdvate sector. The research and analysis shall be focused within the city limits of Bakersfield and conducted by an outside consultant. The last Analysis of Impediments was conducted five years ago and the City of Bakersfield has since grown and seen an increase in population. To assist with the study, the Economic and Community Development Department has requested and been granted a technical assistance grant for FY 2004-05 from the Kern Council of Governments in the amount of $30,000 to analyze fair housing impediments that may be caused by transportation issues within the City. S:~Adrnins~kemCog MOU doc 8/10/2004 8:02 AM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director August 10, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Agreement with Cotton/Bridges/Associate for an amount not to exceed $~0 APPROVED ,0 for assistance in the preparation of the Analysis of Impediments to Fair Housing C[ )ice; in preparation of the Department of Housing and Urban Development, Consolidated Plan 2010. RECOMMENDATION: Staff recommends approval. BACKGROUND: The City received a $30,000 grant from Kern Council of Government to hire a consultant to prepare a comprehensive analysis identifying the impediments for fair housing choice. The Analysis of impediments is a comprehensive review of a jurisdiction's laws, regulations, and administrative policies, procedures, and practices affection the location, availability, and accessibility of housing as it relates to fair housing choice. The Analysis of Impediments is also a disclosure and review of impediments to fair housing choice in the public and pdvate sector. The research and analysis shall be focused within the city limits of Bakersfield and conducted by an outside consultant. The last Analysis of Impediments was conducted five years ago and the City of Bakersfield has since grown and seen an increase in population. To assist with the study, the Economic and Community Development Department has requested and been granted a technical assistance grant for FY 2004-05 from the Kern Council of Governments in the amount of $30,000 to analyze fair housing impediments that may be caused by transportation issues within the City. Staff received five consultant proposals. Through a process of in-depth evaluations interviews and subsequent ranking by Economic and Community Development Department staff, Cotton/Bridges/Associates was selected based on overall completeness of the proposal, depth and breadth of experience in preparing Analysis of Impediments, past performance and cost. S:~,dmins~CBA Agreement doc 8110/2004 8:04 AM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ~ .-&.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council A[~PROVED Raul U. Rojas, Public Works Director DEPARTMENT HEAD July 22, 2004 CITY ATTORNEY%_~,/~/. ~__~ CITY MANAGER ~/'/' /' /// Ground Lease Agreement with Steve Hendrix for purposes of constru¢~fi/n'ng a~/ aircraft storage hangar at the Bakersfield Municipal Airport for a monthly lease fee of $60. Ward 1 ) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the construction of owner-hangars. Currently, there are 17 such Ground Lease Agreements and constructed hangars. The term of these agreements is for a period of 20 years with the option of two 5-year extensions. The approximate size of the storage hangars is 2,500 square feet. This land lease generates $60 per month in revenue. BBU:maw July 29, 2004, 9:35AM G:\GROUPDAT'~ADMINRPT'~2.004\08-18\Ground Lease Hendrix.doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ~ .0~.. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: A ugu st 4, 2004 CITY ATTORNEY CITY MANAGER SUBJECT: / Ground Lease Agreement with George Sturges, Jr. for purposes of constructing a{~ aircraft storage hangar at the Bakersfield Municipal Airport for a monthly lease fee of $60 (Ward 1). RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: When reconstructed, the Bakersfield Municipal Airport had an area prepared for the purpose of allowing construction of owner-hangars. Currently there are 17 such Ground Lease Agreements and constructed hangars. The term of these agreements is for a period of 20 years with the option of two 5-year extensions. The approximate size of the storage hangars is 2,500 square feet. This land lease generates $60 per month in revenue. BBU:maw August 9, 2004, 9:25AM G:\GROUPDAT~ADMINRP'F~2004~38-18\Sturges Ground Lease.doc IMEETING DATE: August 18, 2004 ADMINISTRATIVE REPORT AGENDA SECTION: Consent Calendar ITEM: ~. ~ot~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager August 10, 2004 Microsoft Office Software: APPROVED DEPARTMENT HEAD CITY ATTORNEY .,~ CITY MANAGER ~ 1. Approve Enterprise Agreement with Microsoft Corporation; and Accept Iow bid of CompuCom Systems, Inc., to provide Microsoft Products to the City under the Enterprise Agreement in an amount not to exceed $200,000. RECOMMENDATION: Staff recommends approval of the Agreement and acceptance of the bid. BACKGROUND: In the past, we have purchased Microsoft products using a price negotiated by the Riverside County, California and the City is using the same process for this bid as it provides the lowest price for Microsoft products available (lower than prices negotiated by the state of California). Last year, the City spent $203,833.00 on Microsoft products that will be covered by this agreement. The same items on the new contract will cost approximately $155,000.00. This action by the Council will do two things. First, it will approve a five year Enterprise Agreement with Microsoft Corporation that allows the City to install the latest version of Microsoft products on City computers. The agreement covers server and desktop software that is used for producing letters and spreadsheets to running the City's databases and website. The City is not required to purchase anything under this agreement; rather, the agreement allows the City to participate if it chooses. Second, it accepts the Iow bid for that Microsoft Office Software from CompuCom Systems, Inc. BT August 10, 21)04 - 2:48 ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent. Calendar- ITEM: ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD August 9, 2004 CITY ATTORNEY ~( CITY MANAGER ._~ Approval of Annexation Agreement between City of Bakersfield and Ed Coyne!/ APPROVED RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Developer Ed Coyne has indicated a desire to purchase 600+ acres of land immediately south of Rio Bravo Country Club. This area is currently within the County. Mr. Coyne desires to annex into the Cityand has already submitted a written request to City staff to begin the annexation process. This is a standard Annexation Agreement which outlines City consideration for Mr. Coyne bdnging development into the City limits. S:\COUNCIL~Adrnins\Coyne.doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Gregory J. Klimko, Finance Director DEPARTMENT HEAD ///¢ Cl~ MANAGER Exchange of Real Prope~ Io~ted at Renfro Road and Johnson Street with~nna{ Homes of California, Inc. ~ard 4): 1. Memorandum of Understanding with Lennar Homes to Exchange Real Property. 2. Appropriate $175,000 Transportation Development Fund Balance to the Capital improvement Project Budget for the exchange. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: Staff has had the consultant for the Westside Parkway project conduct preliminary engineering for an interchange at the Westside Parkway and the West Beltway, and the City of Bakersfield is currently processing the specific plan line for the interchange through the Planning Commission. The interchange layout results in the need to acquire additional land from the adjoining property owner, Lennar Homes of California, Inc., who purchased Coleman Homes. The City will be exchanging 1.24 acres of the existing Westside Parkway aiingment for 5.33 acres of Lennar's development and paying Lennar $163,600 for the 4.09 acre difference. Also, Lennar has had to redesign their development because of the City's request, and the City has agreed to pay for these additional costs. Some of these costs will be off-set by decreased costs resulting from the redesign. As a result of this on-going effort, no homes will have to be taken for the interchange. Both parties have agreed to move forward on the exchange of properties so that Lennar can move forward with their development, and have agreed to work together on quantifying the costs resulting from Lennar having to redesign their development to accommodate the interchange. On August 19, 2004, the Bakersfield Planning Commission will be asked to approve the specific plan line for the interchange, and find the exchange of properties consistent with the Metropolitan Bakersfield 2010 General Plan. August 10, 2004, 1:31PM P:\MyFiles\Admin Reports\Colernan-Lennar.doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 IAGENDA SECTION: Consent Calendar ITEM: ~1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Virginia Gennaro, City Attorney DEPARTMENT HEAD ~/~--r - July 29, 2004 CITY A'I-rORNEY CITY M ANAGE~-'" Amendment No. 1 to Agreement No. 04-086 (previously known as Agree/~.nt i~d~/. C..A 03. 053) in an amount of $25,000 (total contract not to exceed $75,000) with' the law firm of Duane Morris for outside legal services in the matter before the California Public Utilities Commission relating to the Kern Power Plant. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: In 2003, the City Attorney's Office retained the law firm of Duane Morris to fight PG& E's request to sell its Kern Power Plant Facility to North American Power Group (NAPG). The City Council approved an Amendment to this departmental Agreement on March 24, 2004. The Amendment permitted the City to pay Duane Morris an additional $25,000, for a price not to exceed $50,000. On May 6, 2004, ,the Public Utilities Commission (PUC) upheld the Administrative Law Judge's decision and denied PG&E's request to sell its power plant to NAPG. The basis for this decision was Public Utilities Code § 377, which bars the sale and transfer of power generating facilities prior to the year 2006. Therefore, although City obtained a victory, PG&E can try to sell the power plant in 2006. Duane Morris has some outstanding invoices submitted in reference to the most recent PUC decision. In addition, Duane Morris continues to work closely with City Staff in an effort to find a permanent resolution to this situation. Our hope is to convince PG&E that together, we can find a mutually compatible use for the power plant site. Therefore, Staff is recommending another amendment to the contract with Duane Morris for an additional $25,000, or a price not to exceed $75,000. ADD:dll August 2, 2004, 10:41AM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 5, 2004 APPROVED DEPARTMENT HEAD ,.*'Z~,~ CITY ATTORNEY CITY MANAGER Amendment No. 1 to Agreement No. 03-266 with L. N. Curtis & Sons to extend agreement for twelve (12) months ($64,000.00 increase, for a revised not to exceed compensation amount of $128,000.00) for protective jackets and trousers for the Fire Department. RECOMMENDATION: Staff recommends approval. BACKGROUND: On August 27, 2003, Council awarded the annual contract for protective jackets and trousers for structural fire fighting to L. N. Curtis & Sons. The contract allows for a twelve (12) month extension if both parties agree. This allows the City to continue working with a good provider and saves staff time and efforts required if these items were to be rebid. Fire Department staff has advised that L. N. Curtis & Sons has provided good and timely service. Purchasing Division / Annual Contract- Fire Hydrants & Burys DW:fjm P:~ADMIN~.004 ADMIN\C04 0818 G Amendment 1_To Agreement 03-266 Extension-Increase LN Curtis & Sons.doc August 5, 2004, 2:04PM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Gregory J. Klimko, Finance Director DEPARTMENT HEAD~~--~5-)y-'' August 4, 2004 CITY ATTORNEY ~ CITY MANAGER Amendment No. 1 to Agreement No. 03-238 with Marden Susco to extend agre ent for twelve (12) months ($300,000.00 increase, for a revised not to exceed compensation amount of $700,000.00) for fire hydrants and burys. RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: On July 30, 2003, Council awarded the annual contract for fire hydrants and burys to Marden Susco. The contract allows for a twelve (12) month extension if both parties agree. This allows the City to continue working with a good provider and saves staff time and efforts required if these items were to be rebid. Fire Department staff has advised that Marden Susco has provided excellent and timely service. The City buys fire hydrants and burys and keeps them available for replacement, and to sell to the developers of residential and commercial development tracts. Purchasing Division / Annual Contract- Fire Hydrants & Buoys DW:Ijm P:~ADMIN~004 ADMIN\C04_0818_A_Arnendment 1 _To Agreement 03~238 Extension Marden Susco.doc August 5, 2004, 1:45PM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~ August 3, 2004 CITY ATTORNEY CITY MANAGER 7/' / Amendment No. 1 in the amount of $150,000 (for a total not to exceed amou/nt'/of $3/00,000) to Design Consultant Agreement No. 03-176 with Mclntosh & Associates for additional on call civil engineering services. (All Wards) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented an "on-call" engineering and surveying services contract with local engineering firms which were selected through a qualification based selection process. This on-call program provides staff surveying and civil engineering design services as needed for various City CIP projects. The program has proven to be very effective for providing timely design and surveying services to the City to enhance CIP project delivery. The original contract limit for FY 03-04/04-05 of $150,000 with Mclntosh & Associates has almost been reached. This Amendment will allow the on-call program to continue for additional design services. Amendment No. I adds $150,000 to the total compensation amount, bringing the total contract amount to $300,000. These serv!ces are paid for from the budgeted CIP projects funding. August 6, 2004, 7:49AM G:\GROUPDAT~,DMINR PT~2004\08-18\03-176(1) Admin.dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: /-{. I't · TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD~ lilt,- August 3, 2O04 CITY ATTORNE~,~/~ ~ c,TY MANAGER Amendment No. 1 in the amount of $150,000 (for a tatal not to exceed amount of ~300,000) to Design Consultant Agreement No. 03-177' with Meyer Oivil Engineering for additional on call civil engineering services. (All Wards) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented an "on-call' engineering and surveying services contract with local engineering firms which were selected through a qualification based selection process. This on-call program provides staff surveying and civil engineering design services as needed for various City CIP projects. The program has proven to be very effective for providing timely design and surveying services to the City to enhance CIP project delivery. Due to current and anticipated CIP projects, we anticipate the original contract limit for FY 03-04/04-05 of $150,000 with Meyer Civil Engineering, Inc., will not be sufficient. This Amendment will allow the on-call program to continue for additional design services. Amendment No. 1 adds $150,000 to the total compensation amount, bringing the total contract amount to $300,000. These services are paid for from the budgeted CIP projects funding. August 6, 2004, 7:50AM G:\GROU PDAT~ADMINR PT~2004\08-18\03-177(1 ) Admin.dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: DATE: SUBJECT: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~,~Z, _ August 3, 2004 CITY ATTORNE'¢ ~ CITY MANAGER (/of Amendment No. 1 in the amount of $150,000 (for a total not to exceed amou $300,000) to Design Consultant Agreement No. 03-178 with Quad Knopf, Inc. for additional on call civil engineering services. (All Wards) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented an "on-call" engineering and surveying services contract with local engineering firms which were selected through a qualification based selection process. This on-call program provides staff surveying and civil engineering design services as needed for various City CIP prnjects. The program has proven to be very effective for providing timely design and surveying services to the City to enhance CIP project delivery. Due to current and anticipated CIP projects, we anticipate the original contract limit for FY 03-04/04-05 of $I50,000 with Quad Knopf, Inc., will not be sufficient. This Amendment will allow the on-call program to continue for additional design services. Amendment No 1 adds $150,000 to the total compensation amount, bringing the total contract amount to $300,000. These services are paid for from the budgeted CIP projects funding. August 6, 2004, 7:SIAM G:~GROUPDAT~ADMINF~P'[-~2004'08-18,03_178(1) Admin dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ~J, kJC.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M Rojas, Public Works Director August 3, 2004 APPROVED DEPARTMENT HEAD (~,~,,_~ CITY ATTORNE .~.~z-.- CITY MANAGER Amendment No. I in the amount of $150,000 (for a total not to exceed amount of $300,000) to Design Consultant Agreement No. 03-179 with Ruettgers & Schuler Civil Engineers for additional on call civil engineering services. (All Wards) RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented an "on-call" engineering and surveying services contract with local engineering firms which were selected through a qualification based selection process. This on-call program provides staff surveying and civil engineering design services as needed for various City CIP projects. The program has proven to be very effective for providing timely design and surveying services to the City to enhance CIP project delivery. Due to current and anticipated CIP projects, we anticipate the original contract limit for FY 03-04/04-05 of $150,000 with Ruettgers & Schuler Civil Engineers will not be sufficient. This Amendment will allow the on-call program to continue for additional design services. Amendment No. 1 adds $150,000 to the total compensation amount, bringing the total contract amount to $300,000 These servlces are paid for from the budgeted CIP projects funding. August 5, 2004, 752AM G:\GRO U POAT~AD MINR PT~2004\08~ 18\03-179(1 ) Admin dot ADMINISTRATIVE REPORT M[=~'trlNG DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: H, {I. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~.. ~PROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD July 21,2004 CITY ATI'ORNEY CITY MANAG ERL-~ ~/,"~///// Contract Change Order No, 1 to Agreement No. 03-376 with Perfor~anq~ Eectrc Company for $18,800.00 (for a rev sed contract amount of $102,269.00) for the Fire Station #1 Electrical Renovation. (Ward 2). RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This change order provides for installing new energy efficient light fixtures in Fire Station No. 1. These new light fixtures will help in obtaining the 1.35 million KVVH Jn energy savings needed to meet the goal of the Kern Energy Watch Partnership. Rick_M @ Construction 7/22/2004 7:46:21 AM G:\GROUPDAT~ADMtNRP~2004\08.18\Fire Station No 1 Electrical CCO I doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ~, v,4n~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 5, 2004 McMurtrey Aquatic Center Project (Ward 2): APPROVED DEPARTMENT HEAD ~ CITY A'I-rORNEY /'~ ...___ C,TY, A.AGER Contract Change Order No. 2 to Agreement No. 03-243 with S.C, Anderson Inc. for $33,132.90 (for a revised contract amount of $5,934,584.82) for the Aquatic Center Project. RECOMMENDATION: Staff recommends approval of the Contract Change Order. BACKGROUND: Construction of the McMurtrey Aquatic Center was awarded to SC Anderson, Inc., at the July 30, 2003 Council meeting. The awarded contract amount was $5,853,800. This is the second contract change order to be submitted for the project. The net increase for this change order totals $33,132.90, as summarized on the attached contract change order. The cumulative change orders to date on this project reflect a net increase of $80,784.82 as illustrated below: · Original Contract Amount = $5,853,800.00 · Amended Contract Amt after Change Orders = $5,934,584.82 · Net Increase = $ 80,784.82 ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: TEM: ~, un. Consent Calendar TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Florn Core, Water Resources Manager DEPARTMENT HEAD ~ 10, 2004 CITY ATTORNE¥~ ~ August CITY MANAGER~"~ - ' -~/ Contract Change Order No. 1 to Agreement No. 02-235 with Kern Count~Construction, ($19,608.00 for a total contract amount of $328,599.00) for the Three Turbine Can Pumps for the Water Resources Department. (Ward No. 4) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project consisted of adding three (3) booster pumps to the existing six (6) pumps and an additional auxiliary diesel generator at the City's Ten Million Gallon Interface Facility located at 1000 Buena Vista Road. It is recommended that pressure regulating values for the new boosters be added, modifications to the generator muffler piping be performed, and due to unforeseen extended permitting requirements for the fuel storage facility, labor and materials cost increases will be incurred by the contractor. The total for these changes is $19,608.00. Funds are available in the current budget. FC:bz August 10, 2004, 10:14AM S:t2004 ADMIN REPORTS~Aug1804CC.CCO.dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: H.oo, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Gregory J. Klimko, Finance Director DEPARTMENT HEAD ,/~ CITY ATTORNEY August 5, 2004 CITY MANAGER Accept bid to award annual contract to Maximum Engineering, Incorporated, not ~/o exceed the budgeted amount of $75,000.00, for woodwaste and greenwaste grinding services for the Solid Waste Division of Public Works. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract will be used by the Solid Waste Division when grinding work is required at the Wood Waste Recycling Facility. Invitations to bid were sent to eighteen (18) vendors. Four (4) bids were received as listed below. Maximum Engineering, incorporated 315 North Loop Drive Camarillo, CA 93010 Triangle Excavation, Incorporated 7694 Sikes Road Dixon, CA 95620 Bradco Environmental P.O. Box 1871 Cresfline, CA 92325 JWR 9626 Tanqueray Court Redding, CA 96003 per cubic yard $1.82 per cubic yard $2.28 per cubic yard $2.33 per cubic yard $4.00 Purchasing Division OW:lira P:~,DMIN~2004 ADMtN\C04 0818 F_Woodwaste-Greenwaste Grinding Services doc August 5, 2004, 11:36AM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar TEM: ~.p~. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 4, 2004 APPROVED DEPARTMENT HEAD~~- CITY ATTORNEY CITY MANAGER SUBJECT: Accept bids from Rehrig Pacific Company $148,802.94, and Toter, Incorporated, $110,180.07 for Refuse, Yard Waste, and Recycling Containers for the Solid Waste division of Public Works. Total award $258,983.01. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: Invitations to bid were sent to twelve (12) vendors. Three (3) bids were received. In order to get the best price, staff requests the award be split between two (2) vendors, as shown on the attached bid recap. Purchasing Division DW:Ijm P:V~DMIN~2004 ADMIN\C04_0818_B_UnJversat Refuse & Yard Waste Containers.doc August 4, 2004, 3:51PM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: 4. ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 5, 2004 APPROVED DEPARTMENT HEAD ,,~ ^TTOR.E¥ CITY MANAGE~ "-" Accept bids from Insight Public Sector $25,630.62, and Cogent Dire~ $17,007,66, for repla~ment GIS Wo~stations for Information Technology Division. Total award ~2,638.28. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: Invitations to bid were sent to two hundred forty six (246) vendors. Eight (8) bids were received. In order to get the best price, staff requests the award be split between two (2) vendors as shown on the attached bid recap. Purchasing Division DW:ljm P:~ADM[N~2004 ADMIN\C04_0818_D_GIS Workstations doc August 5, 2004, 11:09AM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ~ TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 5, 2004 APPROVED DEPARTMENT HEAD Extend bid from Ouinn Company $202,506.95, for one (1) replacement articulated four wheel drive loader, with buckets and grapple fork, for the Solid Waste Division of PubJic Works. RECOMMENDATION: Staff recommends approval. BACKGROUND: At the Council meeting of April 14, 2004, Quinn Company was awarded the bid for the purchase of three (3) articulated four wheel drive loaders. 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. Quinn Company has indicated their approval of extending the same per unit cost for this purchase. Purchasing Division OW:ljm P:~ADMIN~2004 ADMIN\C04_081 S_E_Four Wheel Drive Loader dcc August 5, 2004, 11:39AM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: ~4.75. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 5, 2004 APPROVEq DE.ARTM .T.EAD. CITY ATTORNEY CITY MANAGER'''''/ ""~////""----~ /// Accept bid from Consolidated Electrical Distributors $52,664.04 for Street Lamps and Accessories for Public Works. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to twenty seven (27) vendors. Two (2) bids were received as listed below. Consolidated Electrical Distributors 1133 32nd Street Bakersfield, CA 93301 Graybar Electric 6100 Schirra Court Bakersfield, CA 93313 (City) in the amount of $52,664.04 (City) in the amount of $57,443.10 Purchasing Division DW:Ijm P:'~,DMtN\2004 ADMIN~,C04_0818_C_Street Lamps & Accessories.doc August 5, 2004, 10:10AM ADMINISTRATIVE REPORT MEETING DATE August18,2004 AGENDA SECTION: TEM: 4, Consent Calendar TO: FROM: DATE: Honorable Mayor and City Council Florn Core, Water Resources Manager August 6, 2004 APPROVED DEPARTMENT HEAD ~ c,Ty ATTORN CITY MANAGER SUBJECT: Accept bid from DMC Diagnostic &Engineering Inc; in the amount o¢/$92,72/0.00 for construction of the Br mhall Road Water me Re ocat on for the Water Resources Department, (Ward Number 4) RECOMMENDATION: Staff recommends acceptance of Iow bid. BACKGROUND: This project will replace an existing water main line on Brimhall Road east of Coffee Road where there exists a superheated underground oil transmission line in close proximity to the waterline causing a history of hot water complaints from customers in the area, The new waterline will be moved south 50' away from the oil line to alleviate this problem. Eight bids were received on August 6, 2004 for this project, as follows: DMC Diagnostic & Engineering Inc. 2696 Lavery Court Suite2 Newbury Park CA 91320 (Out of County) ....................................... in the amount of: $92,720.00 Sanchez Grading. 5070 North Sixth St. Suite176 Fresno CA 93710 (Out of County) ............................................ In the amount of: $97,154.00 Sierra Cascade Construction Inc. P. O. Box 5300 Lancaster CA 93539-5300 (Out of County) ................................. in the amount of: $97,226.00 ALECO Enterprises Company. 3109 Antonio Ave. Bakersfield CA 93308 .......................................................... in the amount of: $100,000.00 August 9, 2004, 8:03AM ] C ,Documents and Settings\schoate\Desktop\admin080604 bid DMC INC doc ADMINISTRATIVE REPORT W. M. Lyles Company P.O. Box 1477 Fresno CA 93744 (Out of County) ............................................. in the amount of: $100,409.80 HPS Mechanical Inc. 3100 East Belle Terrace Bakersfield CA 93307 .............. ............................................... in the amount of: $112,177.00 Griffith Company 1898 South Union Ave Bakersfield CA 93307 ............................................................. in the amount of: $122,462.00 West Valley Construction Company Inc. P. O. Box 5639 San Jose CA 95150 (Out of County) ............................................. in the amount of: $158,035.50 SFC 08/06/2004 August 9, 2004, 8:03AM 2 C:\Documents and Setlings\schoate\Desktop\admin080604 bid DMC INC.doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 TO: FROM: DATE: Honorable Mayor and City Council SUBJECT: AGENDA SECTION: Consent Calendar ITEM: H. U-~,. APPROVED Carroll Hayden, Human Resources Manager DEPARTMENT HEAD July 22, 2004 CITY ATTORNEY CITY MANAGER Reclassification: Accounting Clerk I (Risk Management) to Administrative Analyst/I RECOMMENDATION: Staff recommends approval of the reclassification. BACKGROUND: Recently, the Risk Management Division relocated to the area of City Hall which the City Attorney's department occupies. At this time, the City Attorney's department has a position vacancy for a Legal Secretary. The relocation and position vacancy allowed an analysis of staffing needs in both areas and an opportunity for consolidation of work loads. The City Attorney and the Risk Manager have designed a mixture of sharing of personnel and tasks. They recommend reclassifying the Accounting Clerk I position in Risk Management to Administrative Analyst I. Currently, the Accounting Clerk I in Risk Management is performing professional-level duties requiring a detailed understanding of the California worker's compensation system. These duties include serving as the initial contact for new injuries, setting up worker's compensation files and monitoring claims with AIMS, monitoring checking account used to pay worker's compensation claims, maintaining the OSHA log, monitoring accounts payable and receivable functions, helping with budget preparation/monitoring, and monitoring property damage recovery and subrogation activities. Pat Flaherty, Risk Manager recommends, due to the overlap and interrelationship of functions between the departments, sharing this position 25% with the City Attorney's Office. In doing so, this position would be assigned to serve as the point of contact for outside attorneys assigned to civil litigation and monitor the budgets and accounts payable/receivable for both departments. Consequently, the vacant Legal Secretary position in the City Attorney's Office will not be filled at this time. This would result in a budget savings of $1,900 in the Self-Insurance Fund and $42,500 in the General Fund. The reclassification will be presented to the Miscellaneous Civil Service Board at their August 17, 2004 meeting C.C.A.P.E. concurs with the proposed recommendation 7/22/2004 143 PM ~ADMJNRPl~v&ccounting Clerk - Risk Mgmt dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Gregory J. Klimko, Finance Director DEPARTMENT HEAD/-/~//~ July 28, 2004 CITY ATTORNEY ~ /~z __....___ CITY MANAGER // Authorize the Finance Director to forward to a collection agency, accoums rece~va e various funds totaling $148,729.73. RECOMMENDATION: Staff recommends the City Council authorize the Finance Director to forward to a collection agency accounts receivable. BACKGROUND: This item was originally on the June 9, 2004 agenda but was referred back to staff due to several Council concerns. One of the concerns was that certain businesses listed on the write-off list were known to still be in business. These businesses are now under new ownership which is not responsible for the debt. This includes businesses that were franchises and the parent organization is not responsible for the debt. Even though the City has judgments on accounts, they may be uncollectible for various reasons. To collect on an unpaid judgment the city must do a writ of execution. This process is a function of the courts and by law must be performed by the Sheriff's office. On smaller judgments this is not cost effective. Staff has researched all of the larger judgments on the write-off list and determined that a writ of execution would not obtain any assets. The staff has exhausted all possible means at its disposal to collect these past due accounts, Generally. individuals cannot be located or bankruptcies are involved and fudher collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (H.P. Sears) for further action. Historically 5-7% of City accounts forwarded to a collection agency are eventually recovered. Account detail is attached. The amount recommended is made up of the following account categories: Commercial Sewer Service & Solid Waste (Refuse) Residential Sewer Service & Solid Waste (Refuse) Risk Management (Property Damage Claims) Police (Alarm Violations & Misc. Activity) Other $62,226.09 721.61 SUB-TOTAL 62,947.70 75,857.48 1,662.O0 8,262.55 TOTAL $148.729.73 ADMINISTRATIVE REPORT The recommended write off amount is about .43% of total billing, or less than 1%. The private sector uses 1-2% as an acceptable write off. Bankruptcy proceedings make up 13.45% or $20,089.52 and Judgments make up 20.43% or $30,504.84 of the write off amount. In the bankruptcy cases, claims have been filed with the court where applicable. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 60 days with a computer generated past due notice which continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority. ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Hearings ITEM: ..~. o... TO: Honorable Mayor and City Council APPROVED FROM: DATE: SUBJECT: Development Services - Planning August 2, 2004 DEPARTMENT HEAD CITY A'I-DORNEY CITY MANAGER General Plan Amendment/Zone Chanqe 03-1539 (Ward 1) MCINTOSH & ASSOCIATES has proposed a General Plan Amendment and an ordinance amendment for 81+ acres located approximately 1,800 feet south of State Route-58 along the south side of Shirley Lane (extended) between South Sterling Street (extended) and South Oswell Street (extended). Resolution adopting the Negative Declaration and approving the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-02 changing the zoning from A (Agriculture) R-1 PUD (One Family Dwelling Planned Unit Development). RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and first reading of the Ordinance. BACKGROUND: Applicant proposes to construct 325 single-family dwellings on the subject site and has applied for annexation to the City of Bakersfield. The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change 03-1539 and recommended City Council approval on June 17, 2004. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The Commission had concerns regarding the proposed location of a public park located along the northeast corner of South Oswell Street, a arterial, and Redbank Road (extended), a collector. This proposed park was a condition of Vesting Tentative Tract 6232 (Planning Commission Resolution No. 152-03). The condition required "...a public park in the vicinity of the southwest ADMINISTRATIVE REPORT Page 2 corner of VTM 6232. The configuration and specific location of the said park shall be subject to approval of the City's Recreation and Parks Director. Park shall have access from public streets (Planning Commission Resolution No. 152-03)". The Commission was concerned that the park location might be inconsistent with Policy No. 47 of the Parks. Neighborhood parks should be located adjacent to collector or local streets, rather than arterial streets". The Commission added the wording: "... said park shall be consistent with Policy 47 of the Parks Element of the Metropolitan Bakersfield General Plan ..." The applicant and Parks Department agreed and the proposal was recommended for approval. RED Admin\8-18-1539 ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Hearings ITEM: ~3. b, TO: Honorable Mayor and City Council APPROVED FROM: DATE: SUBJECT: Development Services - Planning DEPARTMENT HEAD / August 2, 2004 CITY ATrORNEY Chanqe No. 04-0313 (Ward 4) / General Plan Amendment/Zone M.S. WALKER & ASSOCIATES (property owner: Corvette, LLC) is proposing a mini-storage facility on 3.71 acres located on the east side of Patton Way, north of Meany Avenue. Resolution adopting the Negative Declaration, upholding the Planning Commission, and approving the General Plan Amendment to change the land use designation from LR (Low Density Residential) to GC (General Commercial). Resolution adopting the Negative Declaration, upholding the Planning Commission, and approving the Amendment to the RiverLakes Ranch Specific Plan to change the land use designation from LR (Low Density Residential) to GC (General Commercial). First reading of Ordinance adopting the Negative Declaration, upholding the Planning Commission, and amending Title 17 of the Municipal Code and Zoning Map No. 102-16 to change the zoning from P (Automobile Parking) to P.C.D. (Planned Commercial Development). RECOMMENDATION: Staff recommends adoption of resolutions and give first reading of ordinance. BACKGROUND: The applicant is proposing a mini-storage facility on 3.71 acres of vacant land located on the east side of Patton Way, north of Meany Avenue. The mini-storage facility will contain 82,800 sq. ft. of storage, one office space (577 sq. ft.), and one apartment (1,218 sq. ft.). The two-story office/apartment structure is proposed at the southwest corner of the project site. The roof eaves of the storage units are proposed at 9 feet in height, with the center ridge line at a height of 10' 3". Landscaping is proposed along the frontage of Patton Way and along the existing parking lot located adjacent at the southwest corner of the project site. No light poles or camera poles are proposed for the project. The proposed yard lights and security cameras will be attached directly to the storage units. A nine foot high block wall will be constructed along the northern project boundary to serve as the back wall for the northern storage units. The hours of operation are ADMINISTRATIVE REPORT Page2 limited from 7:00 a.m. to 7:00 p.m. (see Condition No. B.3.). Storm drainage will be provided off-site in a drainage basin located adjacent on the south side of the project site. The applicant is required to secure an easement for use of the drainage basin prior to initiating construction (see Condition No. B.10.). The project site was zoned for Automobile Parking (P) in 1990 (Ordinance No. 3322). The purpose of the zoning was to provide a land use buffer between the single-family residences adjacent to the north and the industrial uses to the south (Zone Change No. 5036). The residences located adjacent to the north of the project site submitted a petition expressing concerns regarding fire protection, lighting, and glare from roofs. Prior to the Planning Commission meeting on June 17, 2004, the applicant met with the residences to address their concerns. From that meeting, the applicant agreed to construct the storage units to a one-hour fire rating, install all security cameras and yard lights below 9 feet in height, install non-reflective material on all roofs, and construct the angle of the roofs adjacent along the northern project boundary to slope away from the residences to the north. The commitments made by the applicant are proposed as conditions of approval (see Condition Nos. B.4., B.15., B.16., and B.17.). The project site is ideally suited for a mini-storage facility. The proposal would provide an ideal land use buffer between the existing residences to the north and the existing industrial uses to the south. The two-stoW structure is proposed on the southern side of the project site. In addition, mini- storage facilities make good neighbors for adjacent residential areas. They are quite, Iow traffic generators. The hours of operation for the project site would be restricted to normal activity hours. The area immediately west of the entrance of the proposed mini-storage facility contains a water pump station and Emerald Cove Park. Staff is recommending approval for the project. WC Admin\aug\8-18-0313 ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Hearings ITEM: ~. f.. TO: Honorable Mayor and City Council APPROVED FROM: DATE: SUBJECT: Development Se~ices-Planning August2,2004 General Plan Amendment/Zone Chanqe 04-0423 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER (Ward 1 ) SMITHTECH/USA Inc. has proposed a General Plan Amendment and an ordinance amendment on approximately 50 acres, located generally south of Panama Lane, generally east of South Union Avenue. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from SR (Suburban Residential) to LR (Low Density Residential). First reading of Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-29 from E (Estate) and A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling). RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and give first reading to the Ordinance. BACKGROUND: This amendment would permit the development of single family residential units on site. The Planning Commission conducted public hearing(s) on this General Plan AmendmentYZone Change and recommended City Council approval on June 16, 2004. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. The Planning Commission added a condition with concurrence with the applicant and properly owner/developer to provide curb gutter and sidewalk between the site and South Union Avenue along the south side of Panama Lane. 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 14, 2004, in accordance with CEQA. MO AdmireS-18-0423 ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Hearings ITEM: 5, ~L. TO: Honorable Mayor and City Council APPROVED FROM: DATE: SUBJECT: Development Se~ices-Planning August2,2004 General Plan Amendment/Zone Chanqe 04-0429 DEPARTMENTHEAD ~/~,_ ~ CITY ATTORNEY ~.-~ CITY MANAGER (Ward 5) MCINTOSH & ASSOCIATES for Centex Homes has proposed a General Plan Amendment and an ordinance amendment and Williamson Act cancellation for 77 acres, located generally north of Panama Lane to Pensinger Road, west of Buena Vista Road. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 122-24 from A (Agriculture) to R-1 (One Family Dwelling). Resolution approving the Negative Declaration and adopting the Cancellation of the Williamson Act Contract. RECOMMENDATION: Staff recommends adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and first reading of the Ordinance and adoption of the cancellation of the Williamson Act Contract. BACKGROUND: This amendment to the general plan would permit the development of single family units on the 77 acre site. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and Cancellation of the Williamson Act Contract and recommended City Council approval on June 17, 2004. No one was in opposition to the request and the applicant agreed to all conditions and mitigation for the project. 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 17, 2004, in accordance with CEQA. MO ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent ITEM: .5. ~,. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Development Services - Planning DEPARTMENT HEAD ,~,¥- August 12, 2004 CITY ATDORNEY CITY MANAGER Consolidated hearing of appeals by Mclntosh & Associates of determirlation of incompleteness for Vesting Tentative Tract Maps 6257, 6258, 6259, 6260, 6261, 6263, 6264, 6265, 6266 and 6267 (City in the Hills) located between State Route 178 and Paladino Drive west of Masterson and resolution upholding staff's determination of incompleteness. (Engineer: Mclntosh and Associates / Owners: Mountain View Bravo and S&J Alfalfa, Inc.) (Ward 3) RECOMMENDATION: This item has been withdrawn and appears on the agenda to conclude this matter. BACKGROUND: The applicant has withdrawn the appeals as indicated in the attached letter. The public hearing was continued from January 14, 2004 to May 12, 2004, and then to August 18, 2004 at the request of the appellant's legal counsel. These eleven (the twelfth was withdrawn) tract maps are generally located between State Route 178 and Paladino Drive, west of Masterson Street in northeast Bakersfield in an area commonly known as "City in the Hills" (Exhibit A). Although all the applications shared some deficiencies in common, they each had their individual list of defects. Mr. Mclntosh filed an appeal of the determinations of incompleteness on November 21, 2003, but only with respect to two issues common to all the maps: 1) the required presentation of phasing plan to the Planning Commission and 2) dedication of Masterson Street. City in the Hills covers a large land area. Its development would require the extension of infrastructure to serve it and in considering its approval concerns were raised over the adequacy, timing and responsibility for public facilities necessary to support such an undertaking. The requirement that a phasing plan be presented to the Planning Commission prior to the submission of the first tentative map was adopted to ensure that those concerns would be addressed before the land was divided up among multiple owners. The phasing plan was not submitted to the Planning Commission for approval until December 18, 2003, more ADMINISTRATIVE REPORT Page2 than two months after the subdivision applications were first submitted and rejected. The subdivider entered into an agreement with the City regarding acquisition of Masterson Street on February 25, 2004, which is four months after the subdivision applications were first submitted and rejected. The appeal focused on the phasing plan and Masterson Street as though they were the only problems with the applications. In fact the applicant was notified that each of the eleven applications were deficient in many ways. The applications were resubmitted for a second review and again they were found to be incomplete on December 9, 2003. These eleven maps were among the flood of applications submitted just before the transportation impact fee was scheduled to take effect. Understanding the implications of that, staff scrupuJously adhered to standards and protocols of review to ensure that every application was given the same fair and even handed review for completeness. Jeng S:\TRACTS\City HiJls Appeal~Rev#2 8-18-~a.doc 08/12/2004 2:48 PM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 IAGENDA SECTION: Closed Session ITEM: [~. O. o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ginny Gennaro, City Attorney August 12, 2004 .,APPROVED DEPARTMENT HEAD CITY ATTORNEY, CITY MANAGER. Conference with Legal Counsel -- Anticipated Litigation /J Significant exposure to litigation pursuant to subdivision (b)(1) of Government Code section 54956.9 One (1) potential casa. RECOMMENDATION: BACKGROUND: August 12, 2004, 2:02PM ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Closed Session ITEM: ~ . TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Virginia Gennaro, City Attorney August 4, 2004 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation (4 cases) Closed session pursuant to subdivision (a) of Government Code section 54956.9. City of Bakersfield v. City of Shafter Kern County Superior Court Case No. S-1500-CV-253303, NFT City of Bakersfield v. SPCA, et al Kern County Superior Coud Case No. S-1500-CV 251740, RJA Bakersfield Firemen Labor Organization, et al v. City of Bakersfield, et al Kern County Superior Court Case No. S-1500-CV-249798, NFT North Kern Water Storage District, et a/ v. Kern Delta Water Storage District, et al Tulare Superior Court Case No. 96-172919 RECOMMENDATION: BACKGROUND: VG:dll ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: CJosed Session ITEM: 4' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~ Carroll Hayden, Human Resources Manager DEPARTMENT HEAD APPROVED July 27, 2004 CITY ATTORNEY ~/~....7~' CITY MANAGER // / Closed Session pursuant to Government Code 54957.6; Conference with Labor Negotiator RECOMMENDATION: BACKGROUND: ch July 27r 2004, 10:25AM S ~ADMINRPTICIosed Session, Aug 18, 2004.dot ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Hearings ITEM: I ?..., gL. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Development Services - Planning DEPARTMENT HEAD if/ August 9, 2004 CITY ATTORNEY CITY MANAGER //// Public hearing to consider resolution changing the name of WindsongGe/to Ashley Castle Way (Brian Castle) and resolution to amend the changing of street name policy. (Ward 4) RECOMMENDATION: To be determined by City Council. BACKGROUND: This hearing was continued from the July 7, 2004 City Council hearing to allow for further consideration of this request and to allow the applicant to consider alternatives. The Planning Commission denied Brian Castle's request to change the name of Windsong Street to Ashley Castle Way at a public hearing held on May 20, 2004. The Planning Commission vote was 6 to 1, denying the request. Commissioner Ellison, the dissenting commissioner, stated that he was in support of the request because it would preserve Bakersfield's "Hometown feel" and that it was an excellent way to memorialize Ashley Castle. At the public hearing approximately seven people (including the applicant) spoke in favor of the street name change and one person (representing one of the homeowner's associations affected by the street name change) spoke in opposition. Petitions signed by over 245 individuals in support and 3 letters in opposition to the street name change were presented to the Planning Commission. Mr. Castle brought the matter to the City Council on appeal. After the project was appealed, numerous letters both in support of and in opposition to the requested street name change were received. The issue has been covered extensively in the media and has been the subject of numerous tetters featured in the opinion section of the Bakersfield Californian newspaper. The chronology of reports prepared and actions taken on this matter are attached as Exhibits to this administrative report and are as listed: Date May_ 20, 2004 ~,' 23, 2004 I J~/7, 2004 Report/Action Planning Commission Staff Determination I Planning Commission denied the request. _i_Repo_d._ E~hibit "1 '}_ Appeal letter by Brian Castle to ' Scheduled for July 7, 2004 City Council (Exhibit "2") . Council hearing. Administrative Report for City I Council Meeting (Exhibit "3") I Continued for further review. ADMINISTRATIVE REPORT Page2 RECOMMENDED CHANGE TO POLICY: Regardless of the outcome of this request and despite the recommended name change in this particular instance, 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 staff, Planning Commission, and City Council 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 deny grieving family members something they feel will help them. 2) It is very costly. As part of the Planning Commission staff report, staff included an estimate of $1,300 as the cost of changing a street name. This cost included only the materials and labor costs associated with the signs being changed. Further analysis of all of the costs associated with processing a street name change, including necessary hearings and notices, updating computer information, GIS data, remapping and redistribution, identification of property owners, cross referencing and re-filing improvement plans and case files, all system updates, among other changes necessitated by a street name change place the overall cost at well over $10,000. Having the applicant pay the full cost of a street name change doesn't eliminate the difficulties. Such a requirement could be legally risky in that the policy may be viewed as exclusionary in nature (affordable only to a limited group). 3) Depending on the victim's name its similarity to other streets, it can be a public safety response problem (although that does not appear likely in this case) and a problem for the post office, delivery services, and other related entities. 4) Historic neighborhood identification can be is lost or compromised. CONCLUSION: Staff has included resolutions supporting and denying the requested street name change and a resolution changing the City's street naming policy. ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Hearings ITEM: I?... b- TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 9, 2004 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER General Plan Amendment/Zone Chanqe 04-0435 (Ward 5) SMITHTECH/USA, INC. has proposed a General Plan Amendment and an ordinance amendment for 80 acres generally located along the south side of Panama Lane approximately 1,485 feet east of Buena Vista Road). The applicant has appealed the Planning Commission decision to deny this request. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential). Ordinance adopting the Negative Declaration, and upon annexation amending Title 17 of the Municipal Code and Zoning Map No. 123-30 from A-20-A (Agricultural-20 acre minimum) to R-1 (One Family Dwelling). RECOMMENDATION: Staff recommends upholding the applicant's appeal and adoption of the resolution adopting the Negative Declaration, approving the general plan amendment and first reading of the Ordinance. BACKGROUND: Applicant proposes to construct single-family dwellings on the 80_+ site and has applied for annexation to the City of Bakersfield. The Planning Commission conducted public hearings on this General Plan Amendment/Zone Change on June 14 and 17, 2004 and recommended City Council disapproval on June 16, 2004. The vote to deny was 4-2. This request permits the first nonagricultural use within Section 30 and this was cited as the primary reason for denial. The Commission determined that the proposed project is inconsistent with both the adjacent agricultural land uses and the Metropolitan Bakersfield General Plan policy. The applicant appealed the Commission s dec's'on on June 24, 2004. The appeal letter states that the project site is within the City's growth path, compatible with existing and proposed uses in the ADMINISTRATIVE REPORT Page2 area and the agricultural impact study shows that the conversion from agricultural is less than significant. Staff recommends approving this request, infrastructure is available and housing is under construction across the street. This type of growth represents an incremental growth pattern which is expressly consistent with general plan policy. The project is located in area seven of the City's proposed Sphere of Influence Amendment. Annexation of the subject site has been requested and is being processed. There are approved subdivisions with new homes being built across the street from this site along Panama Lane. The project site is in the path of growth and is contiguous to existing development activity. This site represents a logical expansion of the city boundary. RED Admin\8-18-0435 IMEETING DATE: August 18, 2004 ADMINISTRATIVE REPORT AGENDA SECTION: New Business ITEM: J,~. o... TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Alan Tandy, City Manager DEPARTMENT HEAD August 12, 2004 CITY ATTORNEY ~ CITY MANAGER ~ Approve transfer of the Holiday Inn:Select owned by John Q. Hammon~~' y Hotels Two, L.P., to Newport Hospitality Group, as the ownership entity and Brighton Hospitality Corporation as the management entity. RECOMMENDATION: Staff recommends the City Council authorize the transfer of the Holiday Inn Select owned by John Q. Hammons Hotels Two, L.P., to Newport Hospitality Group, a California corporation, as the ownership entity and Brighton Hospitality Corporation, a California corporation, as the management entity. BACKGROUND: On July 21, 2004, at the request of John Q. Hammons Hotels Two, L.P., owner of the Holiday Inn Select on Truxtun Avenue, Bakersfield, California, the City Council approved the transfer of the Holiday Inn Select to Brighton Management, LLC. Sometime after the meeting of July 21, 2004, City staff received a request from Brighton to have the entity named in the transfer changed to Newport Hospitality Group. Legal staff reviewed this request and decided it would not be possible since the City Council, in open session and with public notice, had approved the transfer to a different entity. Legal staff opined that the City Council would have to approve the transfer to an entity other than the one approved on July 21, 2004. The close of escrow was therefore delayed by the City. Concession and catering, however, have been turned over in accordance with the separate agreement with the Hammons firm. Brighton tells us they originally planned on the deed being held by Newport with Brighton managing the hotel all along. The letter from Hammons requesting the transfer was to Brighton, however, and. as Council is aware, the public discussion and document approval were in the name of Brighton. One letter in the last packet from Atlas Hotels (copy enclosed) referenced Newport as the purchasing entity, but that was far from clear and was not the basis of Council action. Both Brighton and Newport are owned by Mr. Fan. The hotel industry routinely has a structure with a holding company and a management company owned by the same party. It is done, in pad, to limit liability. August 12, 2004 - 4:26 PM Page 1 S:~Admin Rpts\2004'~holidayinnselect.brighton 081804 doc ADMINISTRATIVE REPORT We have asked Brighton to forward clarifying detail on the various corporations owned by Mr. Fan. We also asked the Convention and Visitors Bureau if the holding company / management company structure is common in the industry. Their e-mail is enclosed. It is common and the same structure is used for other major hotels in town. The information from Brighton will be forwarded to as soon as it is received. Please note, also, that the transfer request came from John Q. Hammons Hotels Two, L.P. While not identical to the New Pod / Brighton situation, it carries similarities. Brighton Management, LLC, has, through the attached letter, requested a formal change ir~ the City Council's approval of transfer as follows: Ownership vesting: Newport Hospitality Group, a California corporation Management entity: Brighton Hospitality Corporation, a California corporation This approval is necessary before the transfer can be properly completed. Please see the attached Administrative Report from the meeting of July 21, 2004, for additional information. August 12, 2004 - 4:26 PM Page 2 S:~Admin Rpts~2004~holidayinnselect.brighton 081804.doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: New Business ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Development Services- Planning DEPARTMENT HEAD ,,~ ~- August 10, 2004 CITY ATTORNEY .~-~'~'-7/~ _~ CITY MANAGER A~rooment bo~ooa tho C~ty of BakOrsfiol~ and County of Kom invol SPhoro of lnfluenco Boun~arios, ~ovolo~mont Standards anO Zonin~ ~oqukemonts. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The City of Bakersfield has applied to the Local Agency Formation Commission (LAFCO) for an expansion of its sphere of influence as requested by property owners. A part of the process requires city and county representatives to meet and try to draft an agreement with respect to plans, zoning and development standards for the area within the sphere of influence. If such an agreement is reached by the city and county, it must be given "great weight" by LAFCO in considering the proposed sphere. City and county staff had a very positive meeting concerning these matters primarily because we have been working over the past 20 years toward consistency in planning, zoning, development standards and building codes in the metropolitan area of Bakersfield. The Board of Supervisors' gave consideration to the agreement on August 3, 2004 and approved the agreement. The Boards action supports our request for properties in areas 4, 5, 6, 7 & 8 to be included in our proposed sphere expansion. The Board's action also supported retaining the 1,000 acres currently in the City's sphere and not shifting any of the area in the Metropolitan General Plan to another jurisdiction. The proposed areas (including a recent request by Pulte/Del Webb) are within the Metropolitan Bakersfield General Plan boundaries. The contested property in areas in 1,2 & 3 are not recommended for inclusion in any sphere until general plan boundaries and land uses are amended with appropriate environmental documents being prepared. The Board's action also agreed that the general plan, zoning and development standards required by the county serve to guide development of those areas of the proposed sphere expansion pending annexation to the city. JH:Di Admin~8-18-so~ ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: Consent Calendar ITEM: I~, b, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 12, 2004 APPROVED DEPARTMENT HEAD ~ ~ CITY ATTORNEY v~:~ CITY MANAGER ~ / Jefferson Pool Rehabilitation & Wet Play Area (Ward 2): 1. Accept bid to award contract to S. C. Anderson, Inc. ($2,275,800) fo base ($1,981,000); selective arternate Fiberglass Shingles Roof ($9,800), and the additive alternate Wet Play Area ($285,000). 2. Appropriate $335,000 Central (Zone 2) Park Acquisition Funds Account Balance the Capital Improvement Budget within the Park Development Fund. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of appropriation. BACKGROUND: This project will reconstruct Jefferson Pool into two separate pools that will meet all current code requirements. The competition pool will continue to provide schools and clubs with a 25 yard competition pool featuring a rim flow gutter system. The recreational swimming pool will have a three foot depth area to allow smaller children and beginning swimmers a safe place for water activities. The Wet Play Area was added to the project to provide a zero depth interactive spray pad for those who want to play in the cool spray. In November 2003 the swimming pool portion of this project was bid with only one bid being received which was $400,000 over the Engineer's Estimate. Staff recommended reevaluating this project and re- advertising in the summer of 2004. Prior to advertising this project for construction bidding in July 2004, staff conducted pre-qualifications of general contractors for this project. Five contractors were approved to bid this project, but only one bid was received. That bid for the total project exceeded the Engineer's Estimate by $336,500. After receiving that bid, staff has evaluated several items to determine if this cost could be reduced. Staff asked the bidder to review the project design and their bid to identify any potential savings by value engineering of the project. They identified a few items but none of them would provide significant savings to the aggregate total. In addition, it is staff's opinion that severaI of those items would reduce the quality of construction resulting in higher facility maintenance costs. Since the receipt of that bid, staff has evaluated several options for potential cost reductions including splitting this project into two separate contracts; one for the pools and the second for the building and all other features. Staff has determined that only minimal savings, if any, would be realized. In addition, re-bidding this project would probably result in higher cost due to the almost eight percent (8%) monthly increase in structural steel pricing and the four percent (4%) monthly increase in concrete pricing. August 12, 2004, 4:20PM G:\GROUPDAT~ADMINRPT~2004,.08-18~Jefferson Pool Rehab & Wet Play Area.doc ADMINISTRATIVE REPORT 3. The City has $500,000 of HUD Section 108 Funds for this project which must be spent by January 31, 2005 or else the City would forfeit these funds back to HUD. Re-bidding the project could potentially jeopardize our ability to use these funds. Recreation & Parks has determined that acquisition funds collected for the Central Park Zone can be used to fund this project as indicated in Bakersfield Municipal Code, Title 15.80.080, Paragraph F. Based on results of the above determinations, staff recommends that the City move forward with construction of this project now. Funding for this project will be provided by Park Improvement Funds; Central District Park Development Funds; Community Block Grant Funds and Section 108 Funds. The Engineer's Estimate for construction of this project is $1,939,300. Additional appropriations are required to cover the costs of this bid, plus approximately a 5% contingency. Below is a summary of the additional appropriation needed. Total bid Contingency Total funds needed $2,275,800 123,436 2,399,236 Available budgeted funds Required appropriation 2,0641236 $ 335,000 One bid was received on August 3, 2004 as follows: S. C. Anderson, Inc. 2160 Mars Court Bakersfield, CA 93308 (City) in amount of $2,275,800.00 WGM PW/ENGR August 12, 2004, 4:20PM G:\GROUPDAT~ADMINRPT~2.004\08-18~Jefferson Pooi Rehab & Wet Play Area.doc ADMINISTRATIVE REPORT MEETING DATE: August 18, 2004 AGENDA SECTION: New Business ITEM: TO: FROM: DATE: SUBJECT: APPROVED Honorable Mayor and City Council DEPARTMENT HEAD Alan Christensen, Recreation & Parks Director CITY ATTORNEY I/'~'.,,/ ._._...~ July 27, 2004 CITY MANAGER /~/~,~"~ Agreement with the Tree Foundation of Kern for an amount not to exceedl $28,400 for reimbursement of trees and planting materials within City parks and public right of'ways. RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Tree Foundation of Kern is a non-profit organization. They recently received a Prop 12 grant from the State of California-Department of Forestry and Fire Protection for planting of trees and materials within City parks and public right of ways. But the Foundation does not have the financial capacity to purchase the trees and materials and subsequently get reimbursed by the State. The agreement provides that the City will pay for Foundation purchases of trees and planting materials up to $28,400. The Foundation will invoice the State for reimbursement of the funds expended and, in turn, reimburse the City. The project area boundary is downtown Bakersfield bounding 24th Street and 16th Street on the north and south, and Oak Street and G Street on the west and east. Most of the trees will be planted in public streetscapes adjacent to businesses and residences. Some of the trees will be planted in Jastro Park. There are no funds in the grant budget for installation, so the trees will be installed by volunteers. The deadline identified by the Tree foundation for completing the tree planting itself lapses in October 2005. In order to meet the tree planting deadline purchase of the trees needs to begin immediately. Because of the looming deadline, the Tree Foundation has asked the City to purchase the trees. Without this type of assistance from the City or some other agency, the Tree Foundation is in danger of Posing the grant funds. Without the funds the community would lose an opportunity to beautify the downtown. Staff is presenting this item as a discussion item because of a recent State decision involving a requirement to pay prevailing wage rales on certain public works projects receiving state grant funds. The Council has been briefed by staff and seen in the media that this ruling effects volunteers employed on such public works projects, but that only qualified workers paid at prevailing wage scale may perform the work. The City Attorney's opinion is that the State's ruling would preclude volunteers from installing trees and landscaping in this case. S:~Admin Rptst2004\Tree Found Admin 8-18-04 doc 8/12'2004: rfj ADMINISTRATIVE REPORT Of course, City staff does not desire to act in oppositJon to state law. Fortunately, legislation has been drafted that would allow volunteers to be used in certain projects. If passed this legislation would allow volunteers to install trees for the Tree Foundation's project. As of August 12, 2004, the State Assembly was considering such a bill. No vote has yet been taken. Staff's research into the issue indicates that there is general support for the bill, so we are confident that this issue wil~ be resolved soon in the State legislature. Therefore staff recommends appro~,al of the agreement between the City and the Kern Tree Foundation. S:kAdmin Rpts~OO4\Tree Found Admin 8-18-04.doc 8/12/2004: rlj MINUTES OF THE BAKERSFIELD CITY COUNCIL MEETING JULY 21, 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. ROLL CALL Present: Mayor Hall, Vice-Mayor Couch, Councilmembers Carson (seated at 5:20 p.m.), Benham, Macgard, Hanson, Sullivan (seated at 5:20 p.m.), Salvaggio Absent: None 2. PRESENTATIONS Presentation by Danielle McKinney and Barry Zoeller, Vision 2020 Committee, regarding the Bakersfield Brand. Councilmember Benham requested staff prepare a report on ways presentation can be utilized by the City. Presentation by Mayor Hall and John Endquez, Chairperson, Keep Bakersfield Beautiful, of certificate to In-N-Out Burgers, Panama Lane, for their efforts in keeping Bakersfield beautiful. Steve Payne, Store Manager, In-N-Out Burgers, Panama Lane accepted the award on behalf of his company. Presentation by Vice-Mayor Couch of Proclamation to Janet Zaldua, Chairman, Kern County Department of Human Services, proclaiming August 1,2004 as "Kids Day in the City of Bakersfield." 3. PUBLIC STATEMENTS Don Jaeger spoke regarding Consent Calendar item 5.i. and the effect of new construction on traffic flow in the Riverlakes area. Stuart Gentry spoke regarding the John Q. Hammons hotel and provided written material. Bakersfield, California July 21, 2004 - Page 2 PUBLIC STATEMENTS continued Ray Scott spoke regarding the 2004 Bakersfield Centennial Gospel Night and provided written material. APPOINTMENTS One appointment to the Metropolitan Bakersfield Habitat Conservation Implementation Trust Group due to the expiration of term of Westley Rhodehamel, term expires August 1, 2004. Motion by Vice-Mayor Couch to appoint Westley Rhodehamel to an additional two-year term. One appointment to the Board of Directors of the North Bakersfield Recreation and Park District, due to the resignation of Jake Sweeny. Ward I Patteson Ward 2 O'Rullian Ward 3 Patteson Ward 4 Patteson Ward 5 Patteson Ward 6 Patteson Ward 7 Patteson City Clerk McCarthy announced the individual receiving the highest number of votes was Stuart Patteson. Motion by Vice-Mayor Couch to appoint Stuart Patteson to Fill the unexpired term of Jake Sweeny. City Clerk McCarthy announced due to time constraints the Consent Calendar and New Business would be carried over to the 7:00 p.m. portion of the meeting. CLOSED SESSION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (b)(1)(C); In the matter of Claim No. 03-05-169, by Kenneth Kind. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (a); City of Bakersfield vs. City of Shafter, KCSC Case NYA. ACTION TAKEN APPROVED APPROVED Bakersfield, California July 21, 2004 - Page 3 CLOSED SESSION continued Motion by Vice-Mayor Couch to recess to Closed Session at 6:03 p.m. Motion by Vice. Mayor Couch to recess from Closed Session at 6:55 p.m. RECONVENED MEETING - 7:00 p.m. ROLL CALL Present: 10. 11. 12. 13. Mayor Hall, Vice-Mayor Couch, Councilmembers Carson, Benham, Maggard, Hanson, Sullivan, Salvaggio Absent: None. INVOCATION by Reverend James Issacs, Bakersfield Church of the Brethern. PLEDGE OF ALLEGIANCE by Rosebrooke Wolaver, 4th Grade Student at Stine Elementary School. CLOSED SESSION ACTION Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to Government Code Section 54956.9 (b)(1)(C); In the matter of Claim No. 03-05-169, by Kenneth Kind. ACTION TAKEN APPROVED APPROVED NO REPORTABLE AC~ON Conference with Legal Counsel - Existing Litigation; Closed NO Session pursuant to Government Code Section 54956.9 (a); REPORTABLE City of Bakersfield vs. City of Shafter, KCSC Case NYA. ACTION PUBLIC STATEMENTS a. Don Hodel spoke regarding catering services at the Convention Center/Centennial Garden. CONSENT CALENDAR Minutes: a. Approval of minutes of the meeting of July 7, 2004. Bakersfield, California July 21, 2004 - Page 4 CONSENT CALENDAR continued Payments: Approval of department payments from June 25, 2004 to July 8, 2004 in the amount of $10,416,519.62 and self insurance payments from June 25, 2004 to July 8, 2004 in the amount of $130,285.71. Ordinances: First Reading of Ordinance amending Subsection 14.12.270(B) and repealing Section 14.12.410 and adding new Sections 14.12.410 through 14.12.417 of the Municipal Code relating to sewer permits and violations. First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 103-22) fo 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 on 7.5+ acres generally located on the southeast corner of Mount Vernon Avenue and State Highway 178 to allow a 48,183 square foot commercial shopping center. (Developer: Cahan Properties) (File #04-0480) Adoption 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) Ordinance adding Section 15.64.055 to the Municipal Code related to smoking regulations in enclosed areas. (First Reading 7/7/04) ACTION TAKEN FR FR ORD 4196 REFERRED TO LEGISLATIVE AND LITIGATION COMMITTEE Bakersfield, California July 21, 2004 - Page 5 CONSENT CALENDAR continued Resolutions: g. Brimhall Planned Drainage Area: Resolution adopting the Brimhall Planned Drainage Area. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to Drainage Facilities. Resolution in opposition to Proposition 68 Tribal Gaming Compact Renegotiation, Non-Tribal Commercial Gambling, which is on the November 2, 2004 Ballot. Resolution approving development plan review for construction of a 159 multiple family dwellings and rental office/clubhouse and recreation areas on 18.83 acres located at 1000 River Ranch Drive within an R-2/PUD (Limited Multiple Family Dwelling-Planned Unit Development) zone district. Resolutions of Application proposing proceedings for two annexation areas that are uninhabited territories to the City, property identified as Annexation No. 466 located north of Snow Road, generally west of Calloway Canal and Annexation No. 467 located generally south of State Highway 178 (south of the Rio Bravo development), east of Comanche Drive. Agreements: k. Tract Maps and Improvement Agreements: Final Map and Improvement Agreements with LB/L- DS Ventures Bakersfield, LLC, for Tract 5966 Unit 3 located west of Jewetta Avenue and north of Meacharn Road. Final Map and Improvement Agreement with Jewetta Development Company, LLC, for Tract 6220 located north of Brimhall Road and east of Jewetta Avenue. ACTION TAKEN RES 222-04 ORD 4fg7 REMOVED FOR SEPARATE CONSIDERATION REMOVED FOR SEPARATE CONSIDERATION RES 224-04 RES 225-04 AGR 04-207 AGR 04-208 AGR 04-209 Bakersfield, California July 21, 2004 - Page 6 CONSENT CALENDAR continued I. Subdivision Plan Checking Services: Agreement with Willdan ($150,000.00) to provide plan checking services. Appropriate $150,000.00 contribution to the Public Works Department Operating Budget within the Development Services Fund. Grant Agreement with Federal Aviation Administration (FAA) accepting grant offer in the amount of $150,000.00 for airport improvements. Ground Lease Agreement with David Donahue for purposes of construction an aircraft storage hangar at the Bakersfield Municipal Airport. Stream Alteration Agreement with State of California Department of Fish and Game for the seismic retrofit (bridge replacement) fo North Chester Avenue southbound bridge at the Kern River. Design Consultant Contract with Parsons Water and Infrastructure, not to exceed $3,800,000.00 to provide design services for the Wastewater Treatment Plant 3 - 2007 Expansion. Agreement with the Bakersfield Police Activities League describing the duties and obligations of the parties relating to the receipt and disbursement of the "Pass Through" Grant monies. r. Allen Road Sewer Improvement Project: Amendment No. 1 to Consultant Design Agreement NO. 03-378 with Meyer Civil Engineers, Inc. ($14,550.00, for a total amount of $137,825.00) for design services. Appropriate $14,550.00 County share of project costs to the Capital Improvement Budget within the Sewer Enterprise Fund. Amendment No. 4 to Agreement No. 97-181 with Flying Puck LLC (Bakersfield Condors) to extend the term of the lease at Centennial Garden for an additional seven years. ACTION TAKEN AGR 04.210 AGR 04.21'1 AGR 04.2f2 AGR 04.2t3 AGR 04-214 AGR 04-215 AGR 03-378(1) REMOVED FOR SEPARATE CONSIDERATION Bakersfield, California July 21, 2004 - Page 7 CONSENT CALENDAR continued Contract Change Order No. 2 to Agreement No. 03-347 with Griffith Company ($21,433.28, for a revised contract amount of $416,132.96) for the parking lot expansion at P Street and 14t~ Street. Ditch Eradication and Pipeline Easement Agreement with Blackwood Estates, LLC for Tentative Tract 6175 at the southeast corner of Snow Road and Coffee Road. Bids: Accept bid to award annual contract to Pestmasters Services, Inc., not to exceed budgeted amount of $73,000.00, for chemical application on City property. Accept bid to award contract to Griffith Company ($376,720.00) to construct East California Avenue Streetscape Project. Accept bid to award contract to Best Roofing & Waterproofing, Inc. ($38,845.00) for restoration of concrete decks at the Bakersfield Police Department Building. Accept bid to award contract to Colombo Construction, Co. Inc. ($148,581.00) to construction Wood Waste Recycle Maintenance Shed. Motion by Vice-Mayor Couch to adopt Consent Calendar items 5. a. through 5.y., with the removal of items 5.h., 5.i., 5.s and 5. w. for separate consideration and correction to item 5. u. reflecting the Agreement is with Blackwood Estates, LLC. Resolution in opposition to Proposition 68 Tribal Gaming Compact Renegotiation, Non-Tribal Commercial Gambling, which is on the November 2, 2004 Ballot. Motion by Vice-Mayor Couch to adopt the Resolution. Resolution approving development plan review for construction of a 159 multiple family dwellings and rental office/clubhouse and recreation areas on 18.83 acres located at 1000 River Ranch Drive within an R-2/PUD (Limited Multiple Family Dwelling-Planned Unit Development) zone district. ACTION TAKEN CCO 03-347(2) AGR 04-216 AGR 04-217 REMOVED FOR SEPARATE CONSIDERATION AGR 04-219 AGR 04-220 APPROVED RES 223-04 APPROVED CONTINUED TO 8-18-04 Bakersfield, California July 21, 2004 - Page 8 CONSENT CALENDAR continued Vice-Mayor Couch requested staff inform Mr. Froelich of action under consideration. Vice-Mayor Couch requested staff examine the transportation element of the project and return to Council. Motion by Vice-Mayor Couch to address the issue at the August 18~ Council Meeting. Amendment No. 4 to Agreement No. 97-181 with Flying Puck LLC (Bakersfield Condors) to extend the term of the lease at Centennial Garden for an additional seven years. Motion by Councilmember Hanson to approve the Amendment to the Agreement. ACTION TAKEN APPROVED AGR 97-181(4) APPROVED Accept bid to award contract to Griffith Company ($376,720.00) to construct East California Avenue Streetscape Project. Motion by Councilmember Carson to accept the bid and award the Contract. CONSENT CALENDAR HEARINGS Consolidated Public Headng to consider appeals by Mclntosh and Associates of the Planning Commission's decision to deny extensions of vesting rights for Tract 6086 and Tract 6087, Phase A, B and C, located south of Ming Avenue, east of South Allen Road. Resolution upholding the Planning Commission's decision and denying the appeals by Mclntosh and Associates. Consolidated Public Hearing to consider appeals by Public Works Department of the Planning Commission's decision to approve extensions of vesting rights for Tract 6087 Phase D, located south of Ming Avenue, east of South Allen Road (Developer-Castle & Cooke), and Tract 6104, Phases 1 and 5, located north of Panama Lane and east of Buena Vista Road (Developer-Centex). Resolution overturning the Planning Commission's decision and approving the appeals by the Public Works Department. AGR 04-218 APPROVED CONTINUED TO DA TE UNCERTAIN CONTINUED TO DATE UNCERTA~ Bakersfield, California July 21, 2004 - Page 9 CONSENT CALENDAR HEARINGS continued Consent Calendar Hearings opened at 7:26 p.m. Roger Mclntosh, Mclntosh & Associates, spoke on behalf of Castle & Cooke California and Centex Homes, in support of the staff recommendation. Vice-Mayor Couch requested staff prepare a synopsis of the Tentative Map process and provide the information to Planning and Development Committee and KernCOG members. Motion by Councilmember Hanson to refer the issues to Planning and Development Committee and continue Consent Calendar Hearings 6.a. and 6.b. to a date uncertain. NEW BUSINESS a. John Q. Hammons Hotels Two, L.P.: Amendment No. 3 to Agreement No. 94/59/RA94-5 with John Q. Hammons Hotels Two, L.P. to delete their role as concessionaire to the Convention Center, and deed the ballroom to John Q. Hammons Hotels Two, L.P. Declaration of Easement and Cross-Easements between the City and John Q. Hammons Hotels Two, L.P. Amendment No. 1 to Agreement No. 03-099 with Aramark Entertainment, Inc. regarding a transfer of concession and alcohol services to Aramark in the Convention Center. Sale of Holiday Inn Select to Brighton Management, LLC. in accordance with Section 701 of the Disposition and Development Agreement between the City and John Q. Hamrnons Hotels. Joseph Phan, Brighton Management, made a computer presentation. Jim Foss, SMG, provided operating information regarding the facilities. Don Jaeger, President of the Visitors and Convention Bureau, spoke regarding facility services. ACTION TAKEN APPROVED AGR 94-59(3)/ RA 94-5(3) DEED 6119 AGR 04-221 A GR 03-099(1) Recess taken from 9:20 p.m. to 9:30 p.m. 14. Bakersfield, California July 21, 2004 - Page 10 NEW BUSINESS continued Motion by Councilmember Carson to refer the issue to Budget and Finance Committee. Amended motion by Councilmember Benham to approve the Amendments to the Agreements, obtain appraisal ofballrooms, with the appraised value to be reimbursed through the Transient Occupancy Tax, tax increment and concessions, Brighton Management LLC's assent to "good faith and fair dealing" with vendors and with the issue of the ballroom appraisal to be referred to Budget and Finance Committee. MAYOR AND COUNCIL STATEMENTS Councilmember Hanson provided a letter from Crystal Flow and requested Recreation and Parks staff respond. Councilmember Carson requested the meeting by adjourned in honor of Carolyn Tyler, former pastor of Cain AME Church, who was recently consecrated the second female Bishop of the AME Church. Councilmember Sullivan requested an update regarding the condition of the alley behind Reeder St. Councilmember Sullivan requested an update regarding completion of the medians between Akers and New Stine. Public Works Director Rojas responded. Mayor Hall announced City Clerk's staff member Denise Sullivan will be recognized as a 'Local Hero' by the Susan G. Coeman Breast Cancer Foundation. There will be a luncheon at noon on Wednesday, July 28, a celebration at 5:00 p.m. at the local BMW dealership followed by a caravan to Fresno in Denise's honor. ACTION TAKEN 15. Bakersfield, California July 21, 2004 - Page 11 ADJOURNMENT Mayor Hall adjourned the meeting at 11:27 p.m. ACTION TAKEN MAYOR ofthe CityofBakemfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the City of Bakersfield, California