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Home My WebLink About01/25/06_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA JANUARY 25, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvened at 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Closed Session item(s) only during this portion of the meeting) 3. WORKSHOPS (30 min) a. Update on traffic synchronization and tour of Traffic Operations Center. (Slaff presentation by Raul Rojas, Public Works Director) 4. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9 (one case). b. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Elizabeth Ann Peel, et al v City, et al. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Dr. Rogelio Ovalle, Sr. Pastor, Ternplo Calvario 7. PLEDGE OF ALLEGIANCE by Paloma Santos, 3'd Grade Student at Laurelglen School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Scarlett Sabin, Executive Director, American Heart Association-Bakersfield Division, proclaiming February 3, 2006, as "Wear Red for Women Day". b. Presentation by Mayor Hall of Proclamation to Dr. Chuck Wall, President of Kindness, Inc. proclaiming February 12 through 18, 2006, as "Kindness Awareness Week". 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 11, 2006, Regular City Council Meeting. Payments: b. Approval of department payments from December 30, 2005 to January 13, 2006 in the amount of $9,237,348.97 and self insurance payments from December 30, 2005 to January 13, 2006 in the amount of $128,546.58. (Ward 4) (Ward 3) (Ward 3) (Ward 3) (Ward 1,2,7) (Ward 4) (Ward 4) (Ward 4) (Ward 6) (Ward 5) 12. CONSENT CALENDAR continued j. m. Ordinances: c. First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map NO.1 03-15) of Title 17 of the Municipal Code by changing the zoning from A (Agriculture) to M-2 (General Manufacturing) on approximately 52.99 acres of land currently located in the unincorporated area of the County of Kern at 5500 Landco Drive generally located on the west side of Highway 99, south of Olive Drive. (Mcintosh & Associates - File 05-1575) d. First Reading of Ordinance adopting a negative declaration and amending Section 17.060.020 (Zone Map NO.1 03-15) of Title 17 of the Municipal Code by changing the zoning from CO (Professional and Administrative Office) to C-1 (Neighborhood Commercial) on 0.61± acres located on the northwest corner of Columbus Street and Vassar Street. (Cast Harbor Properties) (File 05-1658) Adoption of Ordinance adopting a negative declaration and amending Section 17.060.020 (Zone Map No.1 04-07) of Title 17 of the Municipal Code by changing the zoning from RS-2 112 acre (Agriculture-2 112 acre minimum lot) to R-1 (One Family Dwelling) on 20 acres for purposes of residential development, and from RS-2 Y2 acre to C-2 (Regional Commercial) on 20 acres, generally located on the north side of Paladino Drive, approximately y., mile east of Morning Drive. (Applicant: Marino & Assoc.) (File 05-0341) (FR 1/11/06) Adoption of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map NO.1 03-24) of Title 17 of the Municipal Code by changing the zoning from an R-2 (Limited Multiple Family Dwelling) to an R-1 (One Family Dwelling) on .19 acres generally located on the north side of Highland Knolls Drive, approximately Y2 mile east of Fairfax Road. (Applicant: Mcintosh & Assoc.) (File 05-1283) (FR 1/11/06) e. f. Resolutions: g. Resolution ordering change of proceedings to reduce assessments for parcels located in Assessment District 05-1 (City in the Hills). h. Resolution confirming approval by Assistant City Manager of 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. Resolution of application proposing proceedings for annexation of uninhabited territory to the City property identified as Annexation No. 499 located generally north of Kratzmeyer Road and west of Allen Road. Resolution adding territory, Area 1-62 (Etchart, Verdugo NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 1-64 (Jenkins, Palm NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 2-31 (Taylor, Hunter SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-42 (Old River, Panama SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. i. k. I. 2 12. CONSENT CALENDAR continued (Ward 5) (Ward 5) (Ward 3) (Ward 2) (Ward 3,4) Resolution adding territory, Area 3-43 (Pensinger, Windermere N) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 3-44 (Old River, Panama NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 4-43 (Valley, Bella NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Intention No. 1428 to order the vacation of the 20 foot wide alley between Eye Street and Chester Avenue, from 27'h Street to 28th Street. Proposed Assessment District No. 05-3 (Liberty IINillage GreenfTesoro- Encanto/Lin/Rider/ Diamond Ridge): 1. Resolution determining assessments remaining unpaid. 2. Resolution authorizing issuance of bonds. 3. Resolution approving form and substance of preliminary Official Statement and Bond Purchase Contract, authorizing modifications thereto and execution thereof, and authorizing related documents and actions. s. Community Prosecutor Program: n. o. p. q. r. 1. Authorization to make Community Prosecutor Program an element of the City Attorney's Office. 2. Approval of new job specification for Associate Attorney position. 3. Amendment No. 17 to Resolution No. 122-01 setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units; and, adopting salary schedule and related benefits for Associate Attorney. 4. Conversion of existing Deputy City Attorney II position to two (2) Associate Attorney positions. (Ward 4,5) t. Agreements: (Ward 6) u. Final Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract 6323 Unit 2, located north of Harris Road and east of Old River Road. 2. Final Maps and Improvement Agreements with Hampton Place, LP for Tract 6036 Units 1, 2 & 3 located north of Palm Avenue and east of Jenkins Road. Transportation Impact Fee Agreement with KB Home Greater Los Angeles Inc. (estimated impact fee credit - $209,504.00) for Tract 6190 located on McCutchen Road, west of Stine Road. 3 _,______.. __,,___,,__ n..M.._._.___......--___"_____. 12. CONSENT CALENDAR continued (Ward 4) (Ward 4) (Ward 4) y. z. (Ward 3) aa. (Ward 3) bb. v. Subdivision Plan Checking Services: 1. Agreement with Willdan ($80,000.00) to provide plan checking services. 2. Appropriate $80,000.00 additional plan check revenue to the Public Works Department Operating Budget within the Development Services Fund. Landscaped Medians on Jewetta Avenue between Snow Road and Olive Drive: w. 1. Reimbursement Agreement with Lennar Homes of California, Inc. ($105,600.00) for the installation of landscaped medians. x. 2. Appropriate $105,600.00 developer share project costs to the Capital Improvement Budget within the Gas Tax Fund. Agreement with True Spirit Homes ($1,100.00) to purchase real property located on the Jenkins Road extension north of Via La Madera for the Westside Parkway. Purchase real property located west of Main Plaza Drive, east of Endeavour School for for fire station site: 1. Agreement with Fruitvale School District ($160,000.00) for the purchase of property. 2. Appropriate $165,000.00 Fund Balance within the Capital Improvement Budget of the Transportation Development Fund. 3. Resolution finding the purchase of certain real property to be exempt from the California Environmental Quality Act. Agreement with MBIA MuniServices for sales & use tax audit backstop services and business license audit backstop services. Agreement with Kern County Soccer Park for purchase of surplus property (mowers) from the City. Mesa Marin Softball and Soccer Recreation Complex: 1. Agreement with Total Concept Landscape Architecture (not to exceed $20,000.00) to provide design services for conceptual planning of the Complex. 2. Appropriate $20,000.00 Park Improvement Fund Balance (Northeast Zone 3) to the Capital Improvement Budget within the Park Improvement Fund for conceptual planning of the Complex. cc. Recreation and Parks Master Plan: 1. Agreement with Purkiss rose-rsi (not to exceed $149,500.00) to provide services for the development of the City's Recreation and Parks Master Plan 2005. 2. Appropriate and transfer $124,500.00 General Fund balance to the Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund for the development and adoption of the Plan. 3. Transfer $25,000.00 Recreation and Parks Operating Budget from the General Fund to the Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund for the development of the plan. 4 (Ward 6) (Ward 4) (Ward 2) (Ward 1) (Ward 3) 12. CONSENT CALENDAR continued dd. Amendment NO.4 to Agreement No. 87'18 with Dreyer's Grand Ice Cream, Inc. ($6,762,047.82) for the City to provide additional wastewater treatment and disposal capacity due to the recent expansion of Dreyer's ice cream production facilities. Hageman Road between Mohawk Street and Landco Drive: 1. Amendment NO.1 to Agreement No. 02-297 with Kyle Carter Homes, Inc. (increase developer reimbursement by $68,080.47, for a revised not to exceed amount of $350,615.47) for costs to construct Hageman Road between Mohawk Street and Landco Drive. ee. 2. Appropriate $68,081 additional traffic impact fee revenue to the Capital Improvement Budget within the Transportation Development Fund. ff. Amendment No.6 to Agreement No. 99-334 with Duane Morris, LLP ($100,000.00, total not to exceed $755,000.00) for outside legal services in the matter of North Kern Water Storage District v Kern Delta Water District, et al. Bids: gg. hh. Reject all bids for decorative street lamps for the Chester Avenue Streetscape Project. Roof System replacement for the equipment and shop building located at Wastewater Treatment Plant NO.2: ii. 1. Accept bid to award contract to Graham Prewett, Inc. ($74,000.00) for project. 2. Appropriate $5,000.00 Wastewater Treatment Plant NO.2 Fund balance to the capital improvement budget within the same fund. North Chester Avenue Bridge Replacement (southbound) over the Kern River: 1. Accept bid and award contract to Granite Construction Company ($6,058,506.00) for construction of project. 2. Appropriate $5,743,593.00 Federal Funds to the Capital Improvement Budget within the ISTEA Fund and $600,000.00 additional traffic impact fee revenue to the Capital Improvement Budget within the Transportation Development Fund. Miscellaneous: jj. Community Development Block Grant (CDBG) Reprogramming and Project Amendments: 1. Fire Station No.5, Old Town Kern, Economic Development and American Dreams Down Payment Assistance. 2. Transfer $195,511 .00 from the Section 108 Debt Service Fund to the Capital Improvement Budget within the Community Development Block Grant Fund for the construction of Fire Station NO.5. 3. Transfer $285,038.00 Project savings from the Economic and Community Development Operating Budget and appropriate $146,969.00 CDBG Program Income to the Capital Improvement budget within the Community Development Block Grant Fund for the construction of Fire Station NO.5. kk. Accept grant funded fire vehicles (hazardous materials tender and technical rescue vehicle) from Kern County. Staff recommends adoption of Consent Calendar items a through kk. 5 13. CONSENT CALENDAR HEARINGS (Ward 3) 14. HEARINGS a. (Ward 4) (Ward 3) Public Hearing to consider Resolution ordering the vacation of the public utilities easements on a portion 36th Street, west of Chester Avenue. Staff recommends adoption of resolution. b. Public Hearing to consider Amendment NO.1 to Resolution No. 027-02 amending the Hageman Road Planned Major Thoroughfare Area and preliminarily approving an increase in the cost and fee schedule, as required by Resolution of Intention No. 1410. Staff recommends overriding protests and approval of amendment to resolution. Public Hearing to consider resolution approving the appeal by Bruce and Paula Bell and Manuel and Corinne Monsibais reinstating conditions requiring and 8-foot block wall along Auburn Oaks Drive and upholding the Board of Zoning Adjustments's approval of Conditional Use Permit (File No. 05-1505) to allow a drive thru car wash at a proposed 1,664 square foot mini-market with gas pumps in a C-1 (Neighborhood Commercial) zone district at 5700 Auburn Street. Staff recommends adoption of resolution. c. d. Public Hearing to consider appeal by Terry Chiles of the Planning Commission's decision approving Vesting Tentative Tract 6655 located north of Paladino on the northeast corner of Valley Lane and future Bella Drive (Applicant: Scott Roylance/Subdivider: Eagle Meadows of Bakersfield 155 LLC). 1. Resolution upholding and modifying the decision of the Planning Commission approving Vesting Tentative Tract 6655 located on the northwest corner of Valley Lane and Bella Drive; and, denying the appeal. Staff recommends adoption of resolution. (Ward 3) (Ward 4) e. Public Hearing to consider appeal by Porter-Robertson of Administrative Review #05-1207 (Applicant & Appellant: Porter-Robertson/Owner: BRH, LLC): 1. Resolution approving Administrative Review #05-1207 rescinding waiver of direct access thereby granting direct access onto Hageman Road from 8200 Hageman Road. Staff recommends adoption of resolution. 15. REPORTS a. Report on graffiti and pothole hotlines. (Staff presentation by Raul Rojas, Public Works Director) 16. DEFERRED BUSINESS a. Resolution approving proposed changes to ward boundaries. (Ward Reapportionment) Staff recommends adoption of resolution. 6 __~_~_ ._,_~.____~ __,_ _________.__~_·__·__·'_m ---_._-_.._~_. 17. NEW BUSINESS a. Agreement with Bakersfield Professional Sports, LLC for a National Basketball Association Development League Team. Staff recommends approval of agreement. b. Proposal to make the Ad Hoc Committee on Crime, Gang Violence and Community Relations a Standing Council Committee. Staff recommends Council determination. 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, ¡ ! ú C. V(/l Alan Tandy City Manager /-+-- ~- -/c,,1IT 1/20/200610:00am 7 -----. -,-_.-.......-----~--- AGENDA HIGHLIGHTS JANUARY 25, 2006 COUNCIL MEETING REGULAR MEETING 5:15 D.m. WORKSHOP The Public Works Director and Traffic Engineer will host a walking tour of the Traffic Operations Center and give an update on traffic synchronization. CLOSED SESSION There will be a conference with legal counsel regarding one case of potential litigation and one case of existing litigation. CONTINUATION OF REGULAR MEETING - 6:30 D.m. CONSENT CALENDAR Ordinances Item 12c. First Readino of Ordinance Amendino the Municioal Code bv Chanoino the Zonino from A to M-2 on Aooroximatelv 52.99 Acres Currentlv Located in the Unincoroorated Area of Kern County at 5500 Landco Drive. Generallv West of Hiohwav 99. South of Olive Drive. Mcintosh & Associates proposes this zone change to bring the site into consistency with the General Plan designation. The site is proposed for development of a retail building. The City is processing an annexation application for approximately 125 acres that includes the subject property. The annexation is expected to be completed in the spring of 2006. 0n December 1, 2005, the Planning Commission held a public hearing and recommended approval. No one spoke in opposition to the project. Item 12d. First Readino of Ordinance Amendino the Municioal Code bv Chanoino the Zonino from CO to C-1 on .61 +/- Acres Located on the Northwest Corner of Columbus and Vassar Streets. Cat Harbor Properties proposes the zone change to bring it into consistency with the remainder of the parcel. The site contains a restaurant. The portion proposed for zone change is the parking lot. On November 3, 2005, the Planning Commission held a public hearing and recommend adoption by the City Council. No one spoke in opposition to the project. Resolutions Item 128. Community Prosecutor Proaram. In June, 2005, the City Attorney's office began a pilot program whereby two outside legal firms were given contracts to prosecute quality of life crimes. Those contracts expired December 31, 2005. During those six months, 502 cases were filed, 306 of which were disposed of via plea bargain or trial. The Legislative and Litigation Committee were pleased with the results and voted to recommend that the Program become part of the City Attorney's Office. In order to accomplish this, the City Attorney's Office would like to create an entry level position. Practically, it gives staff an opportunity to determine if the employee possesses the necessary qualities to advance into the program. Financially, it allows the Program to continue at a reduced cost to the taxpayer. This position was approved by the Miscellaneous Civil Service Board on January 17, 2006. Agenda Highlights January 25, 2006 Page 2 Aareements Item 12u. Transoortation Imoact Fee Aoreement with KB Home Greater Los Anoeles Inc. for Tract 6190 Located on McCutchen Road. West of Stine Road (estimated imoact fee credit - $209.504). Transportation Impact Fee credit is available for the portion of McCutchen Road that is being constructed. KB Home has requested that the available Credit from this improvement be applied to lots in Tracts 6190. Item 12w. Reimbursement Aoreement with Lennar Homes of California. Inc. for the Installation of Landscaoed Medians on Jewetta Avenue between Snow Road and Olive Drive in the amount of $105.600. Lennar Homes, Inc. is developing a tract on the east side of Jewetta Avenue and is responsible for paying for the east half of the median along their frontage. Lennar Homes will be constructing the full landscaped median on Jewetta, and the City will reimburse Lennar $105,600 in median fees. The west side of the road is completely developed, and median fees have been collected for the west half of the median. Item 12y. Aoreement with Fruitvale School District for the Purchase of Real Prooertv Located West of Main Plaza Drive. East of Endeavour School for a Potential Fire Station Site in the amount of $160.000. The potential new fire station would replace the existing Station located at 9420 Rosedale Highway, which is being displaced by a road widening project. Funding is proposed using Transportation Development funds; however, the ultimate source of funds may change depending on whether the City or County occupies the Station. Whichever entity occupies the Station depends on the outcome of discussions regarding the potential transfer of services. Staff recommends proceeding with the acquisition due to the limited number of suitable sites in the area and the desire to avoid the escalating cost of land due to development. Item 12bb. Aoreement with Total Conceot Landscaoe Architecture to Provide Desion Services for Conceotual Plannino of the Mesa Marin Softball and Soccer Recreation Comolex in an amount not to exceed $20.000. Staff's intent is to create, develop and implement a long-term plan for the Mesa Marin ball fields and a 20± acre parcel adjacent and to the west that is required to be dedicated to the City as a condition of approval for a subdivision. Options include ball fields, sports lighting, concessions, restrooms. playgrounds, skate park, and a soccer field. Item 12cc. Aoreement with Purkiss . rose - rsi to Provide Services in the Develooment of a New Recreation and Parks Master Plan in the amount of $149.500. Due to the unprecedented growth rate, staff has determined that a new master plan is needed to provide to a level of analysis to accurately identify future community needs and departmental issues to plan accordingly for their provision and implementation. Staff also believes that a consultant is needed to develop this plan. Seventeen firms submitted proposals. Based on interviews, statements of qualification and fee proposals, staff recommends awarding the contract to Purkiss Rose - rsi. Item 12dd. Amendment NO.4 to Aoreement No. 87-18 with Drever's Grand Ice Cream. Inc. for the Citv to Provide Additional Wastewater Treatment and Disoosal Caoacitv in the amount of $6.762.047. Dreyer's Grand Ice Cream, Inc has recently expanded its ice cream production facilities. City staff has been monitoring and testing the wastewater from the plant and determined that an increased flow of wastewater is being discharged to Wastewater Treatment Plant No.3, for which additional costs are due for treatment and disposal. In addition, the Amendment provides for modifying the capacity charge if Dreyer's installs pre- treatment facilities to decrease its discharge, or if Dreyer's further increases its production facilities which would result in even greater wastewater discharge to the City's sewer system. The Amendment stipulates 14 equal payments of $498,233.25, which includes 5% interest, at 6-month increments from January 2006 through July 2012. Agenda Highlights January 25, 2006 Page 3 Item 12ee. Amendment No. 1 to Aoreement No. 02-297 with Kvle Carter Homes. Inc. for Costs to Construct Haoeman Road between Mohawk Street and Landco Drive (increase develoDer reimbursement bv $68.080.47. for a revised not to exceed amount of $350.615.47). The original agreement provided for reimbursement to Kyle Carter Homes for the costs incurred in constructing Hageman Road to full width between Mohawk Street and Landco Drive. Documentation has been received and verified showing additional costs were above that which was originally estimated. Item 12ft. Amendment NO.6 to Aoreement No. 99-334 with Duane Morris. LLP for Outside Leoal Services in the matter of North Kern Water Storaoe District v Kern Delta Water District. et al in the amount of $100.000. total not to exceed $755.000. An appeal was filed by Kern Delta following the conclusion of the second trial in this case, which has been more complicated than expected. It is estimated that this amended amount on the contract will be sufficient to last to the conclusion of the appeals process. Bids Item 12;;. Award Contract to Granite Construction ComDanv for Construction of North Chester Avenue Bridoe ReDlacement (southbound) over the Kern River in the amount of $6.058.506. This project includes the seismic retrofit of the North Chester Avenue Bridge (southbound) over the Kern River. Staff determined that it was most cost effective to replace the existing bridge structure entirely. The new southbound bridge will be constructed to match the existing northbound North Chester Avenue Bridge over the Kern River. In order to construct the new bridge, the existing bridge will have to be removed; therefore the southbound traffic will be detoured to the northbound bridge during the construction period. Two acceptable bids were received. Staff recommends awarding the contract to Granite Construction. This project is funded with 80% federal funds and 20% local match from the Transportation Development Fund. The appropriation amount ($5,743,593) exceeds the construction value because there are additional contracts for Construction Management Services and Environmental Services which will be forthcoming. Miscellaneous Item 12jj. Community DeveloDment Block Grant (CGBD\ ReDroarammino and Proiect Amendments. Staff is proposing to reprogram CDBG funds from completed or cancelled projects. This action will transfer the ultimate use of the CDBG funds earmarked for the Old Town Housing Project from acquisition/demolition for housing to the economic development category to more accurately reflect the revised Old Town Mixed-use Project. CDBG funds totaling $439,050 will be shifted, so there will be no budgetary impact. Additional funding is required for the construction of Fire Station #5. The amendment will add a total of $709,130 from program savings (Home Access Grant program, Southeast Bakersfield Street Light Improvements and Section 108 repayments) and additional CDBG program income for the project. On December 13, 2005, the Budget and Finance Committee approved the request for additional funding and recommended that the item be forwarded to the full Council for consideration. The final section of the amendment will change the scope of the American Dream Down Payment Initiative Assistance (ADDI) from a loan to eligible first time home buyer to a grant and the necessary changes to the City's recapture guidelines language for the ADDI for FY's 03/04, 04/05, and 05/06. HEARINGS Item 148. Public Hearino to Consider a Resolution Orderino the Vacation of the Public Utilities Easements on a Portion of 36th Street. West of Chester Avenue. Kern County Superintendent of Schools is in the process of developing plans for the construction of Valley Oaks Charter School, which will encroach into the public utilities easements. The easements to be vacated serve Pioneer Village and the property adjacent to that portion of 36th Street. New utility facilities will be constructed to serve Pioneer Village within its own Agenda Highlights January 25, 2006 Page 4 property or through new easements that bypass the school buildings site. No objections have been received as of the date of this report. The proposed vacation was approved by the Planning Department on December 8, 2005 and was found to be consistent with the 2010 General Plan. Item 14b. Public Hearino to Consider Amendment NO.1 to Resolution No. 027-02 Amendino the Haoeman Road Planned Thorouohfare Area and Preliminarilv ADDrovino an Increase in the cost and Fee Schedule. This project will construct the roadway and bridges from the intersection of Landco Drive and Hageman Road to State Route 204. The north half of Hageman Road, between Mohawk and Landco, was a development requirement for the property owner (Kyle Carter) on the north side of Hageman. Kyle Carter proposed that he construct both the north and south half of Hageman Road, including the landscaped median and requested that the City reimburse him for the additional cost to construct the south half of the road. The City Council approved this through the establishment of a Bridge and Major Thoroughfare Area, which would require payment of the proportionate share of the road improvement upon development of the property on the south side of the road. Documentation has been received and verified showing additional costs were above that which was originally estimated. The fee is proposed to increase from $1,547 per gross acre to $1,920 per gross acre. Item 13c. Public Hearino to Consider a Resolution Denvino an ADDeal bv Bruce and Paula Bell and Manuel and Corinne Monsibais of the Board of Zonino Adiustments' ADDroval of a Conditional Use Permit to Allow a Drive- Thru Car Wash at a ProDosed 1.664 Souare Foot Mini-Market with Gas PumDs in a C-1 Zone at 5700 Auburn Street. Single-family residences exist to the north across Auburn Oaks Drive, which will be the most affected by the car wash. The major noise source is from the drying blowers, which will be the furthest from the homes as they will be at the south end of the tunnel. Staff recommended to the Board of Zoning Adjustment that an existing block wall along the south side of Auburn Oaks Drive continue across the northern property line. The applicant wanted a driveway onto the site off of Auburn Oaks Drive, so requested that the Board remove a condition that would have required a masonry wall along Auburn Oaks Drive. The applicable ordinance allows discretion when a street separates commercial and residential properties, so the Board approved the request. The appellants will support the car wash if the wall condition is reinstated along Auburn Oaks Drive. Staff is of the opinion that the driveway is of minor importance to the traffic flow, and therefore supports the appeal. Item 13d. Public Hearino to Consider an ADDeal bv Terrv Chiles of the Plannino Commission's Decision to ADDrove Tentative Tract 6655 Located on the Northeast Corner of Vallev Lane and Future Bella Drive. On December 1, 2005, the Planning Commission approved Tract 6655 for 171 lots, with 170 buildable lots and 1 sump on 40.006 acres for purposes of single-family development. Mr. Chiles filed an appeal to the Commission's decision stating that there were unresolved issues related to waterlines, the proposed sump, sewer lift station, and traffic circulation. Staff addresses each of these concerns in the administrative report. Staff recommends upholding the Planning Commission's decision to conditionally approve the tentative tract map with conditions and deny the appeal. Item 13e. Public Hearino to Consider an ADDeal bv Porter-Robertson of Administrative Review #05-1207: reoardino Waiver of Direct Access onto Haoeman Road from 8200 Haoeman Road. On December 1, 2005, the Planning Commission held a hearing to consider Porter-Robertson's request to allow a 16-foot wide exit-only driveway onto Hageman Road from 8200 Hageman Road. Two motions by the Planning Commission failed to receive a majority vote; therefore, the request was not approved by operation of law. Porter-Robertson filed an appeal with the City Clerk. A 5,716 square foot retail building is proposed at 8200 Hageman. The proposed exit-only driveway is located on the north side of Hageman Road, approximately 140 feet west of Centennial Plaza Way, and the driveway is approximately 500 feet west of Coffee Road. The primary concerns by Planning Commissioners is that in their experience exit-only driveways onto major streets seldom remain exit-only and cause driver confusion, while the applicant states the exit-only driveway is necessary for good circulation through the site. The City's Traffic Engineer reviewed the request and Agenda Highlights January 25, 2006 Page 5 does not object. Staff recommends approval of an exit-only driveway as requested. The developer shall install appropriate signage to limit the access to exit-only and construct the driveway to City standards. REPORTS Item 15a. Reoort reoardino the Graffiti and Pothole Hotlines. The Public Works Director will provide a report. DEFERRED BUSINESS Item 16a. Ward Reaooortionment. Concepts include a boundary configuration that achieved balance without contiguity, referred to as Concept 25. Council has focused their discussions on and considered alternatives to Concept 25. NEW BUSINESS Item 17a. Aoreement with Bakersfield Professional Soorts. LLC for a National Basketball Association Develooment Leaoue Team. The National Basketball Association Developmental League (NBADL) is the minor league for the NBA. Bakersfield Professional Sports, LLC, which is owned by Stan Ellis, proposes to bring a franchise to Bakersfield. Bakersfield is only one of thirty cities in the nation to host an NBADL team. This agreement is for a one (5) year term with the option for renewal. The agreement is structured at a no risk basis for the City of Bakersfield. The team will pay the Arena a flat fee of $4,750 per game plus a percentage of ticket sales, with the minimum payment per season being $108,000. The team will receive 10% of concessions sales. The terms of this lease have been crafted along the same lines as the agreements with the Blitz, Condors, and CSUB Roadrunners. We are most pleased to be able to add a significant element to sports entertainment in Bakersfield. Approved: Alan Christensen, ~ Assistant City Manager . cc: Department Heads Rhonda Smiley, Public Relations City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Workshop ITEM: 3.0.. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENT HEADq \1?j) ~ CITY ATTORNEY 9<k CITY MANAGER . LJe- DATE: January 13, 2006 SUBJECT: Update on traffic synchronization (Staff presentation by Raul M. Rojas, Public Works Director) RECOMMENDATION: BACKGROUND: The Public Works Director will provide an update regarding traffic synchronization within the City of Bakersfield. January 13, 2006. 11 :22AM G:IGROUPDA T\ADMINRPT\2006101-25Iworkshop.doc ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Closed Session ITEM: I-j,tl. TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attomey DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ¡/r; (/ r:- ,ytr/ DATE: January 13, 2006 SUBJECT: Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1 )(3)(A) of Government Code section 54956.9. (one case) VG:do S:ICOUNCILICI SesslAdminsI05-06101-25-06 Potential.dot January 13, 2006. 11 :23AM ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Closed Session ITEM: '-l.b. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Vr; V? k~ January 13, 2006 SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. · Elizabeth Ann Peel, et al v. City of Bakersfield, et al Kern County Superior Court, Case No. S-1500-CV-254827-SPC VG:dO S:ICOU NCI L ICI SesslAdminsI05-06101-25-06Existlit.doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Presentations ITEM: Cf.(),.. TO: FROM: DATE: CITY ATTORNEY Honorable Mayor and City Council Mayor Harvey L. Hall January 13, 2006 DEPARTMENT HEAD CITY MANAGER /Jc , SUBJECT: Presentation by Mayor Hall of Proclamation to Scarlett Sabin, Executive Director, American Heart Association-Bakersfield Division, proclaiming February 3, 2006, as "Wear Red for Women Day". RECOMMENDATION: BACKGROUND: ndw January 13, 2006. 9:21AM S:\MAYORIADMIN\2006\WEAR RED FOR WOMEN DAY.dot ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Presentations ITEM: Cf. b . TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD If! þ! CITY ATTORNEY FROM: DATE: Mayor Harvey L. Hall January 19, 2006 CITY MANAGER /Þ ___ SUBJECT: Presentation by Mayor Hall of Proclamation to Dr. Chuck Wall, President of Kindness Inc., proclaiming February 12 through 18, 2006, as "Kindness Awareness Week". RECOMMENDATION: BACKGROUND: ndw January 19. 2006, 1 0:23AM S:\MAYORIADMIN\2006\KINDNESS AWARENESS WEEKdot ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: I 2- . 0. . TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER ~ SUBJECT: Approval of minutes of the January 11, 2006 Council Meeting. FROM: Pamela McCarthy, City Clerk DATE: January 13, 2006 RECOMMENDATION: Staff recommends approval. BACKGROUND: " ADMINISTRATIVE REPORT MEETING DATE: January 11, 2006 AGENDA SECTION: Consent Calendar ITEM: I ~. b- TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ,A/,} CITY ATTORNEY C}J CITY MANAGER ~A-c . FROM: Nelson K. Smith, Finance Director DATE: January 13, 2006 SUBJECT: Approval of department payments from December 30, 2005 to January 13, 2006 in the amount of $9,237,348.97 and self insurance payments from December 30, 2005 to January 13,2006 in the amount of $128,546.58. RECOMMENDATION: Staff recommends approval of payments totaling $9,365,895.55. BACKGROUND: RAR January 13, 2006, 2:27PM S:\KimG\Forms & Lables\ADMIN-AP.doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent ITEM: 1 d,. c-. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services January 12, 2006 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY /21'Jkf Æ . CITY MANAGER SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 103-15) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) to M-2 (General Manufacturing) on approximately 52.99 acres of land currently located in the unincorporated area of the County of Kern at 5500 Landco Drive; generally located on the west side of Highway 99, south of Olive Drive (Mcintosh & Associates - File # 05-1575) (Ward 4). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On December 1, 2005, the Planning Commission held a public hearing and recommended approval of this zone change to bring the site into consistency with County of Kern adopted Project No. EA KM-8-04; Amendment of Zoning Map No. 102-14; Zone Change Case No. 28 and the General Plan designation of the property. The project is being proposed to prezone the subject site from A (Agriculture) to M-2 (General Manufacturing) and to bring this property into consistency with the General Plan and the existing Kern County Zoning. The site is currently undeveloped. The site is proposed for development of a retail building. The City is processing Annexation Application No. 510/01ive Drive #3 to bring approximately 125 acres, which includes the subject property into the City limits. The annexation is expected to be completed in the spring of 2006. The applicant's representative spoke at the Planning Commission meeting. No one spoke in opposition to the project. An initial study was prepared for Project No. EA KM-8-04; Amendment of Zoning Map No. 102- 14; Zone Change Case No. 28 which was adopted by the County of Kern on March 1,2005 for the subject property. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no changes to the project as evaluated by the County of ADMINISTRATIVE REPORT Page 2 Kern are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. Mitigation Measures from the county processed zone change related to abandoned oil wells have been included in the Conditions of Approval for this project. Ip admin\1-25-1575 ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Consent ITEM: Id.d. TO: Honorable Mayor and City Council APPROVED FROM: DATE: Stanley C. Grady, Development Services DEPARTMENT HEAD ~---- - CITY ATTORNEY /rJì¡U ~ , CITY MANAGER January 12, 2006 SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 103-15) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from a CO (Professional and Administrative Office) zone to C-1 (Neighborhood Commercial) zone on 0.61± acres located on the northwest corner of Columbus Street and Vassar Street, (Cat Harbor Properties - File # 05-1658) (!Nard 3). RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On November 3, 2005, the Planning Commission held a public hearing and recommended approval of this zone change to bring the small piece of property into consistency with the remainder of the parcel. The site contains an existing restaurant which is located on the portion of the property that is zoned C-1. The portion of the property that is currently zoned CoO is the parking lot for the restaurant. There are no present plans for expansion or alteration of the existing uses of the property. The applicant's representative spoke at the Planning Commission meeting. No one spoke in opposition to the project. The project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b) 3, because the project is an existing site with no planned expansion or alterations, it does not have the potential for causing significant effect on the environment Ip admin\1·25-1658 ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Consent ITEM: l.:l.e. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services January 9, 2006 APPROVED CITY ATTORNEY CITY MANAGER J/;;i? /1C DEPARTMENT HEAD SUBJECT: An ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 104-07) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an RS-2Y:z acre (Agriculture-2 Y:z acre minimum lot) to an R-1 (One Family Dwelling) zone on 20 acres for purposes of residential development, and from an RS-2Y:z acre (Agriculture-2 Y:z acre minimum lot) to a C-2 (Regional Commercial) zone on 20 acres, generally located on the north side of Paladino Drive, approximately 14 mile east of Morning Drive. Applicant: Marino & Associates (File # 05-0341) (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on January 11, 2006. On November 17, 2005, the Planning Commission held a public hearing and recommended approval of this zone change to allow a single family residential development on the northerly 20 acres of the project site and commercial on the southern 20 acres generally located on the north side of Paladino, approximately 14 mile east of Morning Drive. The applicant desires to rezone the property consistent with the General Plan Land Use designations. The Land Use map of the General Plan depicts General Commercial on the southern 20 acres of the project site and Low Density Residential on the northerly 20 acres of the project site. The proposal is consistent with the General Plan land use designations. No one spoke on the project at the Planning Commission hearing. A Specific Plan (SP) line is presently adopted for Morning Drive north of Paladino Drive. A north-south collector street, without an adopted SP line, is shown to generally bisect the subject property on the General Plan Circulation Element. The collector street intersects the Morning Drive SP line at an unacceptable alignment and location. This north-south collector is the extension of Rivani Drive, established with Tentative Tract 6426 located on the south side of ADMINISTRATIVE REPORT Page 2 Paladino. Rivani Drive is on the old Morning Drive alignment which presently has a Class 1 bikeway (Bike Path) constructed on it and which is shown on the Trails Plan. The Class 1 bikeway also extends west along the north side of Paladino Drive to Fairfax Road. Upon further development of the project site, the developer shall be required to design the collector street (northerly extension of Rivani) with an alignment that meets City design standards (Condition No.6). The project site is located within the Northeast Bakersfield Parks and Trails Plan (Trails Plan). The Trails Plan requires a Class 2 bike lane and a separate multi-use trail along Rivani Drive (minimum trail cross-section width of 28 feet) (Condition No. 10). Rivani Drive is the north/south collector street that bisects the project site. The multi-use trail must be consistent with the cross- section contained in the Trails Plan. The project is required to maintain the existing a Class 1 bikeway connection along the north side of Paladino Drive and extending north on and along the Rivani Drive (Old Morning Drive alignment) and provide a smooth transition at intersections as approved by the City Engineer. These trail connections provide access to a future 20+ acre park site located on the south side of Paladino Drive, just southwest of the project site. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. A negative declaration was prepared in accordance with CEQA. Mitigation measures from an air quality study were included in the conditions of approval that reduce the following air quality impacts to less than significant. je admin\1-25-0341.2nd ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent ITEM: \ó(. f. TO: Honorable Mayor and City Council DATE: January 9, 2006 CITY ATTORNEY CITY MANAGER APPROVED w- -~ lie FROM: Stanley C. Grady, Development Services DEPARTMENT HEAD SUBJECT: An ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-24) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) zone on 0.19 acres generally located on the north side of Highland Knolls Drive, approximately Yo mile east of Fairfax Road. Applicant: Mcintosh & Associates (File No. 05-1283). (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on January 11, 2006. On December 1, 2005, the Planning Commission held an advertised public hearing on this zone change request, and recommend adoption by the City Council. The zone change request consists of changing the zoning from an R-2 (Limited Multiple Family Dwelling) zone to an R-1 (One Family Dwelling) zone on 0.19 acres. The purpose of the zone change is to have the zone designation consistent with the General Plan Land Use designation of LR (Low Density Residential), and facilitate development of Vesting Tentative Tract 6422, which consists of 69 lots on 25.8 acres for single family residential subdivision. No one spoke in opposition to the project at the Planning Commission hearing. The general vicinity is undergoing urbanization. It is expected adjacent property will be developed pursuant to the residential land uses shown on the General Plan. The proposed zone change is compatible with the existing land uses. . Staff conducted an initial study that determined the project would not have a significant impact on the environment. Staff recommends adoption of the Negative Declaration and first reading of the ordinance. je admin\1-25-1283 ADMINISTRATIVE REPORT MEETING DATE: January 25,2005 AGENDA SECTION: Consent Calendar ITEM: \~.C\. U TO: Honorable Mayor and City Council DEPARTMENT HEAD /I/.f CITY ATTORNEV1)o ÚJìê.. RfJ1á. CITY MANAGER ,ff SUBJECT: Resolution ordering change of proceedings to reduce assessments to parcels located in City of Bakersfield Assessment District 05-1 (City in the Hills). FROM: Nelson K. Smith, Finance Director DATE: January 3, 2006 RECOMMENDATION: Staff recommends adopting resolution. BACKGROUND: On May 25, 2005 council approved the resolution of intention No. 1384 for the formation of Assessment District 05-1 (City in the Hills). On November 9, 2005, Council adopted Resolution No. 249-05 which levied assessments in the amount of $15,820,000. The actual amount of bonds issued for the district was $15,595,000 ($225,000 less than originally estimated). Savings resulted from favorable bond interest rates and timing adjustments associated with the bond issuance process. 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. ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent ITEM 1(;I.h. TO: FROM: Honorable Mayor and City Council APPROVED DATE: January 13, 2006 CITY ATTORNEY CITY MANAGER Stanley G. Grady, Development Services Director DEPARTMENT HEAD SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant City Manager of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Ward 1, 2, and 7) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on January 9, 2006, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Carson 1. 108 Augusta St. 2. 1617 De Wolfe St. 3. 20 Kincaid St. 4. 220 S. King St. 5. 501 L Street 6. 1115 Murdock St. 7. 2127 Park Way 8. 822 Q Street 9. 513 Villa St. 10. 1425 10th St. 018-190-07 019-101-01 018-170-06 139-360-14 009-302-10 018-112-04 007-072-02 009-202-04 139-252-09 018-061-09 $ 734.00 $ 1,141.00 $ 827.00 $ 820.00 $ 533.00 $ 633.00 $ 5,095.00 $ 770.00 $ 470.00 $ 470.00 January 11. 2006, 9:01AM P:\admin report January 06.doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 2/Councilmember Sue Benham 11. 12. 13. 504 Alpine St 507 Butte St. 3006 San Emidio St. 016-430-15 016430-04 007-043-12 $ 1,634.00 $ 463.00 $ 2,145.00 Ward 7/Councilmember Zack Scrivner 14. 1200 Dorian Dr. 022-022-12 $ 1,089.00 15. Vacant Lot of 2700 Blk. Of Los Cameros PI. # 1 405-102-05 $ 244.00 16. Vacant Lot of 2700 Blk. Of Los Cameros PI. # 2 405-102-06 $ 289.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. January 11, 2006, 9:01 AM P:\admin report January 06.doc ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Consent ITEM: \;;)..i. TO: FROM: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services DEPARTMENT HEAD DATE: January 9, 2006 CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 499 located generally north of Kratzmeyer Road and west of Allen Road. 0/Vard 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield. The proposed annexation is identified as Annexation No. 499 containing 1,681 acres of land. The annexation area is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owner has consented to annexation. The proposal is to annex the land and develop and receive city services. The name of this project is "Rosedale Ranch". The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 95-244) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." mo admin\1·25-499Ann ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \.;1. i - '-.J TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY !PROVED L CITY MANAGER January 12, 2006 SUBJECT: Resolution adding territory, Area 1-62 (Etchart, Verdugo NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 11, 2006 the Council adopted Resolution of Intention No. 1414 to add territory, Area 1-62 (Etchart, Verdugo NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Tract Map No. 6343. Area 1-62 is generally bounded by a line approximately 1,320 feet north of Etchart Road on the north, Calloway Drive on the east, Etchart Road on the south and Verdugo Lane on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed. The addition of this territory to the Consolidated Maintenance District Is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimatêd maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD1·62_Est.dot ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.;2, IC TO: FROM: Honorable Mayor and City Council ;7LROVED DEPARTMENT HEAD CITY ATTORNEY ~. CITY MANAGER ~ Raul M. Rojas, Public Works Director DATE: January 12, 2006 SUBJECT: Resolution adding territory, Area 1-64 (Jenkins, Palm NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 11, 2006 the Council adopted Resolution of Intention No. 1425 to add territory, Area 1-64 (Jenkins, Palm NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping for Tract Map No. 6036. Area 1-64 is generally bounded by a line approximately 1,320 feet north of Palm Avenue on the north, Palm Ranch Street on the east, Palm Avenue on the south and Jenkins Road on the west. This area will be under the streetscape zone of benefit and will be assigned the appropriate tier level when street landscaping has been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received 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(s)/developer(s) to be recorded with the subdivision map. mr MD1-64_Est.dot ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: Id.l. TO: Honorable Mayor and City Council APPROVED DATE: January 12, 2006 CITY ATTORNEY FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY MANAGER A-/ , SUBJECT: Resolution adding territory, Area 2-31 (Taylor, Hunter SW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 11, 2006 the Council adopted Resolution of Intention No. 1427 to add territory, Area 2-31 (Taylor, Hunter SW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tract Map No. 6565. Area 2-31 is generally bounded by Hunter Avenue on the north, Taylor Street on the east, a line approximately 140 feet south of Hunter Avenue on the south and a line approximately 300 feet west of Taylor Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr M02-31_Est.dot ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: 1.:1. vy\ . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 12, 2006 CITY ATTORNEY CITY MANAGER DEPARTMENT HEAD 1l, I SUBJECT: Resolution adding territory, Area 3-42 (Old River, Panama SE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 11, 2006 the Council adopted Resolution of Intention No. 1420 to add territory, Area 3-42 (Old River, Panama SE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6359. Area 3-42 is generally bounded by a line approximately 1,320 feet south of Panama Lane on the north, a line approximately 1,320 feet east of Old River Road on the east, a line approximately 3,300 feet south of Panama Lane on the south and Old River Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-42_Est.dot ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: Id· Y\ . TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ¡r1 / CITY ATTORNEY ;fllnI /IV CITY MANAGER FROM: DATE: Raul M. Rojas, Public Works Director January 12, 2006 SUBJECT: Resolution adding territory, Area 3-43 (Pensinger, Windermere N) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. tyJard 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 11, 2006 the Council adopted Resolution of Intention No. 1421 to add territory, Area 3-43 (Pensinger, Windermere N), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6488. Area 3-43 is generally bounded by a line approximately 1,320 feet north of Pensinger Road on the north, a line approximately 660 feet east of Windermere Street on the east, Pensinger Road on the south and a line approximately 660 feet west of Windermere Street on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-43 _ Est.dot ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ.. 0, TO: FROM: DATE: Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER January 12, 2006 Æ v SUBJECT: Resolution adding territory, Area 3-44 (Old River, Panama NE) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 11, 2006 the Council adopted Resolution of Intention No. 1422 to add territory, Area 3-44 (Old River, Panama NE), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6615. Area 3-44 is generally bounded by a line approximately 1,320 feet north of Panama Lane on the north, a line approximately 1,320 feet east of Old River Road on the east, Panama Lane on the south and Old River Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD3-44_Est.dot ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: léì. D. TO: Honorable Mayor and City Council APPROVED DATE: January 12, 2006 CITY ATTORNEY CITY MANAGER FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ff / SUBJECT: Resolution adding territory, Area 4-43 (Valley, Bella NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: On January 11, 2006 the Council adopted Resolution of Intention No. 1423 to add territory, Area 4-43 (Valley, Bella NW), to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a park and street landscaping for Tentative Tract No. 6655. Area 4-43 is generally bounded by a line approximately 1,320 feet north of Bella Drive on the north, Valley Lane on the east, Bella Drive on the south and a line approximately 1,320 feet west of Valley Lane on the west. This area will be under the park and streetscape zones of benefit and will be assigned the appropriate tier levels when a park and street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. mr MD4-43_Est.dot ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: rd .(L. V TO: Honorable Mayor and City Council APPROVED January 10, 2006 CITY ATTORNEY CITY MANAGER FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ,~ SUBJECT: Resolution of Intention No. 1428 to order the vacation of the 20 feet wide alley between Eye Street and Chester Avenue, from 27'h Street to 28'h Street (Ward 2) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: San Joaquin Community Hospital in conjunction with Highgrove Medical Group, had submitted a request to vacate the alley between Eye Street and Chester Avenue, from the North right of way line of 27th Street to the South right of way line of 28th Street. The area of the alley runs between the two medical office buildings owned by the two above-mentioned parties. This area would be made into a greenbelt with grass and trees and a meandering sidewalk pathway. They also plan to have benches and picnic tables for the use of public coming to both medical office buildings and the staff of both companies. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City sewer or storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail. PG&E and SBC California request an easement be reserved should the vacation be granted because they have existing facilities within the area. Preliminary notices were also mailed to all adjacent property owners within a 300 foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on December 2, 2005 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. This Resolution sets the Public Hearing date for the regular Council meeting of March 8, 2006. January 10, 2006, 5:09PM G:\GROUPDAnADMINRPT\2006\01·25\ROI1428 ADMINISTRATIVE ftEPeRT MEETING DATE: January 25, 2006 AGENDA SECTION- Consent Calendar ITEM: Id..r. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DEPARTMENT HEAD /'o.Í~ CITY ATTORNEY 1M4 fk DATE January 9,2006 CITY MANAGER SUBJECT: Resolutions for the proposed Assessment District No. 05-3, (Liberty IlNillage GreenfTesoro- Encanto/Lin/Rider/Diamond Ridge). Wards 3 & 4 1. Resolution Determining Assessments Remaining Unpaid. 2. Resolution Authorizing Issuance of Bonds. 3. Resolution approving form and substance of preliminary Official Statement and Bond Purchase Contract, authorizing modifications thereto and execution thereof, and authorizing related documents and actions. RECOMMENDATION: Staff recommends approval of resolutions. BACKGROUND: On August 17, 2005 council approved the resolution of intention No. 1398 for the formation of Assessment District 05-3 (Liberty IlNillage Green/Tesoro-Encanto/Lin/Rider/Diamond Ridge). On October 21, 2005, Council adopted the Resolution Approving Acquisition and Disclosure Agreements and Authorizing Changes Thereto and Execution Thereof. On November 29, 2005, Council approved the Preliminary Engineer's Report for this Assessment District Following the close of the hearing, adoption of the first resolution will approve the Final Engineer's Report, levy the assessments and order the public improvements. Approval of the remaining resolutions and related documents will allow the Finance Director to proceed with the pre-marketing and pricing of the Assessment District Bonds, not to exceed $9,045,000, to fund the pUblic improvements proposed to be constructed within the District boundaries. Thereafter, the assessments will be recorded as liens in the County Recorder's Office, and notice of assessment and cash payment opportunity will be mailed to the property owners (Castle & Cooke, Centex & Lenar Homes) of any property on which an assessment was levied and recorded. In order to expedite the bond sale and delivery, the property owners have waived their entitlementto pay any part of the assessments in cash, and the Finance Director will certify and file with the City Clerk the List of Paid and Unpaid Assessments. The Final Engineer's Report, the Preliminary Official Statement, and Bond Purchase Contract are on file in the City Clerk's Office for review. The City of Bakersfield is not obligated to repay any of the Assessment Bonds issued as a result of the formation of this District. ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \;L. ~. TO: FROM: Honorable Mayor and City Council Virginia Gennaro, City Attorney APPROVED DEPARTMENT HEAD c;1 CITY ATTORNEY ~ CITY MANAGER {i J1-r: . DATE: January 13, 2006 SUBJECT: 1. Authorization to Make Community Prosecutor Program an Element of the City Attorney's Office 2. New Job Specification -- Associate Attorney 3. Amendment No. 17 to Resolution No. 122-01 Setting Salaries and Related Benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and Adopting Salary Schedule and Related Benefits for Associate Attorney 4. Conversion of Vacant Existing Deputy City Attorney II Position of Two Associate Attorneys RECOMMENDATION: Staff recommends approval. BACKGROUND: Approximately one year ago, the City Council directed the City Attorney's Office to establish a Community Prosecution Program to prosecute crimes impacting the "quality of life" of the residents of Bakersfield. In June, 2005, the City Attorney's Office utilized funds within its 05-06 Fiscal Year budget resulting from the vacant Deputy City Attorney II position, to out-source the "pilot" program for six months. Two outside firms were given contracts to prosecute "quality of life" crimes 20-24-hours per week. The District Attorney's Office provided the training, office space and support staff for those attorneys. The contracts expired on December 31, 2005. Over a five-month period, there were 502 cases filed. Of those 502 cases, 306 were disposed of via plea bargain or trial. Based upon these numbers, we calculate that there was an average of 100 cases filed per month and approximately 75 cases disposed of in the same time frame. At this rate, approximately 450 cases were resolved over the life of the outsourcing contracts. Based upon the number of cases disposed of in six months (450) and the cost of the two outsourcing contracts ($159,120.00), the cost per case computes to $354.00 per case. January 18. 2006, 1 :29PM ADMINISTRATIVE REPORT In June, 2005, the Miscellaneous Civil Service Commission approved the modification of the Assistant City Attorney position. One task to be performed by the Assistant City Attorney is to develop, implement, and oversee the Community Prosecutor Program. The position was filled and the new Assistant City Attorney commenced working on January 3, 2006. On January 5, 2006, the Legislation and Litigation Committee expressed its pleasure with the results of the "pilot" program and voted to recommend that the full City Council approve having the Community Prosecution Program as an element of the City Attorney's Office. In order to accomplish this objective, the City Attorney's Office would like to create an entry level position. The entry level position was eliminated in August of 1999. An entry level position is attractive for a variety of practical as well as economical reasons. The salary being proposed is commensurate with the position of Associate Planner. Using an Associate Attorney in the Community Prosecution program would reduce the cost per case from $354.00 to $78.00. Therefore, the Community Prosecutor Program will continue at a reduced cost to the taxpayer. From a practical perspective, the entry level position is an effective management tool. Having the Associate Attorney on probation, while performing duties within a court room setting, gives the City Attorney's Office an opportunity to determine if the attorney possesses the needed qualities to advance within the Office. Specifically, it is practically impossible to place an incoming attorney in a trial setting within the first six months of employment. The Community Prosecution program and entry level positions will give us an opportunity to observe how a new attorney thinks on his/her feet, presents himself/herself to a jury and a judge, and handles potential stressful situations. It is the perfect place to begin employment within the City Attorney's Office. The position specifications were presented and approved by the Miscellaneous Civil Service Commission on January 17, 2006. Funding The Positions Staff recommends the conversion of the vacant Deputy City Attorney II position to two Associate Attorney positions. The funds for the Deputy City Attorney II position more than cover the salary and benefits of two Associate Attorney positions. JS:js S:\COUNCIL\Admins\OS-De Adrnins\communityprosrev1.doc January 18, 2006. 1:29PM ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: ~.-t. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED !If\. '¡]~ January 6, 2006 SUBJECT: Tract Maps and Improvement Agreements (1) Final Map and Improvement Agreements with Lennar Homes of California, Inc., for Tract 6323 Unit 2, located north of Harris Road and east of Old River Road. (Ward 5) (2) Final Maps and Improvement Agreements with Hampton Place, LP, for Tract 6036 Units 1, 2, and 3 located north of Palm Avenue and east of Jenkins Road. (Ward 4) 'Ì , , 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 10 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. January 6, 2006, 1 :43PM G:IGROUPDAnADMINRPT\2006101·2SIMAP AND IMPROVEMENT AGRdot ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: 101.l,l. TO: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD (Il- CITY ATTORNEY t0rz>4 CITY MANAGER k FROM: Raul Rojas, Public Works Director DATE: April 19, 2005 SUBJECT: Transportation Impact Fee Agreement with KB Home Greater Los Angeles Inc. for Tract 6190 (Estimated Impact Fee Credit - $209,504), located on McCutchen Road, west of Stine Road. (Ward 6) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: KB Home Greater Los Angeles Inc. is constructing McCutchen Road west of Stine Road. Transportation Impact Fee credit is available for the portion of McCutchen Road that they are constructing. KB Home has requested that the Transportation Impact Fee Credit available from this improvement be applied to lots in Tracts 6190. The credit available is estimated at $209,504. , December 28, 2005, 9:26AM G;IGROUPDAnADMINRPTI2006101-25ITR 6190 TIF Agreement.doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION Consent Calendar ITEM: \~.v. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director December 13, 2005 APPROVED DEPARTMENTHEAD¿J/{ ~ CITY ATTORNEY íJtrU- , CITY MANAGER f/'lt SUBJECT: Subdivision Plan Checking Services: 1. Agreement with Willdan ($80,000) to provide plan checking services. 2. Appropriate $80,000 additional plan check revenue to the Public Works Department Operating Budget within the Development Services Fund. RECOMMENDATION: Staff recommends approval of Agreement and appropriation. BACKGROUND: The Subdivision Section of the Public Works Department continues to receive an unprecedented number of submittals for plancheck and currently has a 12 week backlog for improvement plan check. The goal is to review plans within 2 weeks of submittal. From July of 2004 through March of 2005 the City of Bakersfield used Willdan for plan checking services. During that period, Willdan was able to reduce the number of plans in queue from 108 to 15. Now there are 104 plans in queue. This agreement provides for additional plan checking services with Willdan. " mps December 28, 2005, 8:59AM G:\GROUPDA T\ADMINRPT\2006\01-25\Plancheck Consultant.doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION:Consent ITEM: IJ.w. TO: FROM: Honorable Mayor and City Council Raul Rojas, Public Works Director December 23, 2005 DEPARTMENT HEAD DATE: CITY ATTORNEY CITY MANAGER 4-L SUBJECT: Installation of Medians on Jewetta Avenue between Snow Road and Olive Drive (Ward 4): 1. Reimbursement Agreement with Lennar Homes of California, Inc. ($105,600) for the installation of landscaped medians on Jewetta Avenue between Snow Road and Olive Drive. 2. Appropriate $105,600 developer share project costs to the Capital Improvement Budget within the Gas Tax Fund. RECOMMENDATION: Staff recommends approval of Agreement and appropriation. BACKGROUND: Lennar Homes, Inc., is developing Tentative Tract 6184 on the east side of Jewetta Avenue between Snow Road and Olive Drive. Jewetta Avenue is an arterial and will have 6 lanes and a landscaped median when completed. The west side of the road is completely developed with Tract 5829, and median fees have been collected for the west half of the Jewetta Avenue median. Lennar Homes is responsible for paying for the east half of the median along their frontage. Lennar Homes will be constructing the full landscaped median on Jewetta, and the City of Bakersfield will reimburse Lennar $105,600 in median fees. mps January 5. 2006, 1 :24PM G:\GROUPDA nADMINRPT\2006\01-25\Reimbursement Agreement Lennar.doc ADMINSTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calender ITEM: \J. X. TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD /V 5 CITY ATTORNEY /JJn4.- CITY MANAGER ~ Nelson K. Smith, Finance Director DATE: January 4, 2006 SUBJECT: Agreement with True Spirit Homes to purchase real property located on the Jenkins Rd extend north of Via La Madera ($1,100) for the Wests ide Parkway. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield has been acquiring properties for the Westside Parkway project. The property being acquired consists of .23 acres of residentially zoned land, commonly known as Assessors Parcel Number 408-010-15 (see exhibit "A"). The property owner, True Spirit Homes, has generously offered to sell the property to the City of Bakersfield for $1,100. A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General Plan. enb 1/512006 Admin True Spirit Homes.OOC ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: 1;;1.v- TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD ~~ CITY ATTORNEY r- CITY MANAGER A& Nelson K. Smith, Finance Director January 17, 2006 SUBJECT: Purchase real property located west of Main Plaza Drive, east of Endeavour School for $160,000 for a potential fire station site. (Ward 4) 1. Agreement with Fruitvale School District for the purchase of said property. 2. Appropriate $165,000 Fund Balance within the Capital Improvement Budget of the Transportation Development Fund. 3. A Resolution Finding the Purchase of Certain Real Property to be Exempt from the California Environmental Quality Act. RECOMMENDATION: resolution. Staff recommends approval of agreement, appropriation and adoption of BACKGROUND: The City is proceeding with the acquisition of a potential fire station location (after consultation and agreement with Chief Thompson) of available property next to the Endeavour Elementary School. This site could be used by either the City or County as a possible fire station location depending on the outcome of our discussions regarding the potential transfer of services. We are moving forward with this acquisition due to the limited number of suitable sites in the area and the desire to avoid the escalating cost of land due to development. The potential new fire station location is property owned by the Fruitvale School District and would replace the existing Greenacres Fire Station located at 9420 Rosedale Highway which is being displaced by a road widening project. The purchase price of $160,000 represents the property's fair market value as determined by an appraisal prepared by Michael C. Burger, MAl, an independent fee appraiser. The additional $5,000 is for escrow closing costs. Funding is proposed using Transportation Development Funds due to the road widening. The ultimate source of funds for the purchase of the fire station location may change depending on whether the City or County occupies the station. Planning Department staff completed a 65402 Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Also, the Planning Department staff determined that acquiring the property is exempt from the California Environmental Quality Act ("CEQA") in that there is no potential for the acquisition to have a significant impact on the environment (14 California Code of Regulations section 15061(b)(3) - General Rule). A Phase I Environmental Site Assessment has been prepared by the City's Environmental Services Division. January 17, 2006, 1:51PM P:\MyFHes\Admin Reports\fruitvalepropertypurchaserevised.doc OMAls ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Consent Calendar ITEM: 1:1.:¡!.. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~ í? I1c-- January 3, 2006 SUBJECT: Consultant's Agreement with MBIA MuniServices for sales & use tax audit "backstop" services and business license audit "backstop" services. RECOMMENDATION: Staff recommends adoption of the Agreement. BACKGROUND: The City requested a proposal from MBIA for sales & use tax audit "backstop" services and business license audit "backstop" services. MBIA has a high degree of experience and knowledge in these areas that City staff does not have or City staff is unable to accomplish due to time constraints or limited resources. "Backstop" services will be performed by consultant only after City staff has had ample time to discover any items. In the case of sales & use tax the City will have one quarter to discover items. In the case of business licenses the City will have six months from the date the business opens to bring them into compliance. Compensation for the sales & use tax service will be based on a contingency fee of 25% of the revenue the City actually receives for a specified time period. Compensation for business license audit services will also be based on a contingency fee but of 45% for current fees only. Again, compensation will be paid for only revenues actually collected by the City. The City last entered into an agreement for sales & use tax audit services in 1995. That agreement had successful results for the City but was terminated after one year due to an increase in the price and a conflict of interest. Up until 2002 the City had an accountant to perform certain business license audits. This position was eliminated due to budget cuts. We believe it would be cost effective to reinstate this auditing service. January 3.2006, 2:51PM P\MISCIADMIN MBIA.doc ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Consent Calendar ITEM: 1,;1 .a.a.. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD /1/5 CITY ATTORNEY /2! CITY MANAGER ~¡Y/c Nelson K. Smith, Finance Director January 11, 2006 SUBJECT: Agreement for Purchase of Surplus Property (Mowers) by the Kern County Soccer Park. (Ward 3) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The Finance Director has received a request from Kern County Soccer Park, a non- profit organization, to purchase two (2) used surplus John Deere mowers with mulchers, to be used for maintenance of the park. The mowers could potentially be sold at auction for a minimum of $500 each; however, the organization has limited funds to purchase the mowers and has offered the City $10 for each mower. Sale to the Kern County Soccer Park would therefore constitute a gift/contribution of approximately $980. The Bakersfield Municipal Code Section 3.20.120F provides for this action and states that any sale to a governmental entity or non-profit organization shall be subject to confirmation and approval by the City Council. The equipment is being sold "as is with all faults" to remove the City from any potential liability claims. Purchasing Division OW S:\PURCH\ADMIN\Surplus Property - Mowers, Kern County Soccer Park, January 25, 2006.doc January 11, 2006 ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Consent Calendar ITEM:IJ.bb. TO: Honorable Mayor and City Council FROM: Dianne Hoover Director of Recreation and Parks DEPARTMENT HEAD APPROVED ! Lfl DATE: January 13, 2006 CITY ATTORNEY CITY MANAGER 14 .~ SUBJECT: Design Services for Mesa Marin Softball and Soccer Recreation Complex (Ward 3): 1. Agreement with Total Concept Landscape Architecture to provide design services in an amount not to exceed $20,000 for conceptual planning of the Mesa Marin Softball and Soccer Recreation Complex. 2. Appropriate $20,000 Park Improvement Fund Balance, (Northeast-Zone 3), to the Capital Improvement Budget within the Park Improvement Fund for conceptual planning of the Mesa Marin Softball and Soccer Recreation Complex. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: The city acquired the Mesa Marin Sports Complex in November of 2001. Unfortunately, the complex is not in a condition to program at this time. The city has identified 2.5 million dollars for the major development of this facility and would like to create, develop and implement a long-term plan for the Mesa Marin ballfields and an approximate 20-acre parcel adjacent and to the west of the Complex that is required to be dedicated to the city as a condition of approval for Vesting Tentative Tract 6352. Some of the development options include improving the ballfields for children and adult programming, sports lighting, concessions, restrooms, a playground, a wet playground, skate park, soccer and additional field sports. January 17, 2006. 11:17AM 5:\2005 Admins\Mesa Marin Admin_1-06.doc ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Consent Calendar ITEM: p. e-c.. TO: FROM: Honorable Mayor and City Council CITY MANAGER APPROVED [j Gt4 /7lJl4 /fc/ Dianne Hoover Director of Recreation and Parks DEPARTMENT HEAD DATE: January 10, 2006 CITY ATTORNEY SUBJECT: Recreation and Parks Master Plan (All Wards): 1. Agreement with Purkiss . rose - rsi to provide services in the development of the City of Bakersfield Recreation and Parks Master Plan 2005 in an amount not to exceed $149,500. 2. Appropriate and transfer $124,500 General Fund balance to the Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund for the development and adoption of the City of Bakersfield Recreation and Parks Master Plan 2005. 3. Transfer $25,000 Recreation and Parks Operating Budget from the General Fund to the Recreation and Parks Capital Improvement Budget within the Capital Outlay Fund for the development and adoption of the City of Bakersfield Recreation and Parks Master Plan 2005. RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: The department has identified a need to update the existing Recreation and Parks Master Plan 2000 - 2005. In FY 05-06, a budget of $25,000 was approved for the update. With the unprecedented pace of growth, it has since been determined by staff that updating the existing plan would not provide the level of analysis to accurately identify future community needs and departmental issues to plan accordingly for their provision and implementation. Therefore, a new master plan is needed utilizing the help of consultants. Due to the expertise and cost of a consuitant, an additional $125,000 would be necessary to complete a new master plan. In August 2005, staff requested Statements of Qualifications and Proposals (SOQ&P) from 17 firms. Four firms (Purkiss . rose - rsi, RJM Design Group, Inc., Harris Design, and PlaySafe LLC) submitted their SOQ&P's to the City by September of 2005. Staff then reviewed those statements of qualifications and fee proposals. As a result of that review staff committee ranked the firms based on a combination of qualifications first and estimated fee second. Staff recommends award of this agreement to Purkiss . rose - rsi based on the combination of their qualifications and fee rates being the most beneficial for the city. January 12. 2006 3:09: 16 PM kt $:\2005 Admins\Masterplandmin.doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION Consent Calendar ITEM: IJ.dd, TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ¡¡¿ Vr; /Ie, , January 6, 2006 SUBJECT: Amendment No. 4 to Agreement No. 87-18 with Dreyer's Grand Ice Cream, Inc. ($6,762,047.82) to provide additional wastewater treatment and disposal capacity for Dreyer's due to the recent expansion of Dreyer's ice cream production facilities. (Ward 6) RECOMMENDATION: Staff recommends approval of Amendment No.4 to Agreement No. 87-18 with Dreyer's Grand Ice Cream, Inc to provide additional wastewater treatment and disposal capacity at the City's Wastewater Treatment Plant No.3. BACKGROUND: Dreyer's Grand Ice Cream, Inc has recently expanded its ice cream production facilities in the City of Bakersfield. City staff has been monitoring and testing the wastewater from the Ice Cream production plant as Dreyer's has ramped up its production facilities. Based on the information gathered by City staff, staff determined that expansion of the Ice Cream Plant resulted in an increased flow of wastewater discharged to the City's Wastewater Treatment Plant NO.3. Subsequently, staff notified Dreyer's that it is obligated to pay additional costs for treatment and disposal of the increased wastewater flow discharged into Treatment Plant NO.3. Dreyer's concurred with the City staff's findings and has agreed to enter into an amendment (Amendment No.4) to its capacity buy-in agreement (Agreement No. 87-18) to compensate the City for the additional treatment and disposal costs for wastewater discharged into the City's sewer system. City staff derived a cost for providing the additional treatment and disposal of the wastewater stream based on recent monitoring and testing of the discharged wastewater from Dreyer's expanded facilities. As noted, the additional capacity charge has been calculated and incorporated into Amendment NO.4 to Agreement No. 87-18. The Amendment NO.4 provides for payments to the City of $6,762,047.82 plus interest at 5% until the capacity charge is paid in full. The Amendment stipulates that Dreyer's shall make 14 equal payments of $498,233.25 to the City at six (6) month increments from January 2006 through July 2012. In addition to the stipulated capacity charge of $6,762,047.82 based on established wastewater parameters for flow rate, organic solids and suspended solids, the Amended Agreement provides for modifying the capacity charge if Dreyer's installs pre-treatment facilities to decrease its discharge or if Dreyer's further increases its production facilities, which results in even greater wastewater discharge to the City's sewer system. AC@WW G:\GROUPDAT\ADMINRPT\2006\01-25\Dreyers Amd_ 4 to Agr 87·18_Admin.doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2005 AGENDA SECTION: Consent Calendar ITEM: 12. e.e. TO: FROM: Honorable Mayor and City Council Raul M. Rojas, Public Works Director A;7ÆROVED DEPARTMENT HEAD /. ~ CITY ATTORNEY ;¡t/-; CITY MANAGER k-- DATE: January 20, 2006 SUBJECT: Hageman Road between Mohawk Street and Landco Drive (Ward 4): 1. Amendment No. 1 to Agreement No. 02-297 with Kyle Carter Homes, Inc. to increase developer reimbursement by $68,080.47 (for a revised not to exceed amount of $350,615.47) for costs to construct Hageman Road between Mohawk Street and Landco Drive. 2. Appropriate $68,081 additional traffic impact fee revenue to the Capital Improvement Budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends approval of Amendment and appropriation. BACKGROUND: This Administrative Report is a clean-up item relating to the sale of Kyle Carter Homes to McMillan. In approximately June 2003, Kyle Carter Homes assigned its rights and obligations under this Agreement to McMillan. Therefore, this Agreement is being amended to reflect this transfer of rights and obligations. In addition, the costs for the improvements have increased, thus the need to increase the agreement amount. The funds will be collected from property within the benefit area as development occurs. When the south side of Hageman develops, the City's Traffic Impact Fee Program will be reimbursed. As background, Agreement No. 02-297 was approved by the City Council on October 16, 2002. This agreement provided for reimbursement to Kyle Carter Homes (Developer) for the costs incurred in constructing Hageman Road to full width between Mohawk Street and Landco Drive. Gl January 20, 2006, 10:39AM G:\GROUPDA T\ADÞ.4INRPT\2006\01-25\Amendment 1 to Agr 02-297.doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \,)..ff-: TO: Honorable Mayor and City Council CITY MANAGER APPROVED ~/ ~ , FROM: Florn Core, Water Resources Manager DEPARTMENT HEAD DATE: January 6, 2006 CITY ATTORNEY SUBJECT: Amendment NO.6 to Agreement No. 99-334 with outside counsel, Duane Morris, LLP, for legal services in the matter of North Kern Water Storage District v. Kern Delta Water District, et aI, Tulare County Superior Court Case No. 96-172919, in the amount of $100,000, with a total contract amount not to exceed $755,000. RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: The City has used the services of Attorney Colin Pearce, of the firm of Duane Morris, LLP, as outside counsel on the above-entitled case, commonly known as the First Point case. The Appeals Court remanded the case back to the Tulare County Superior Court for re-trial on several issues. The second trial was concluded after approximately 8 weeks and, as expected, a second appeal was tiled by the North Kern Water Storage District. The second appeal turned out to be more complicated than the first appeal, thus more time will be involved in preparation of the response than was anticipated. It is estimated that this amended amount on the contract will be sufficient to last to the conclusion of the appeals process. In addition, case related miscellaneous work is included in this amended contract amount. This Amendment NO.6 to Agreement No. 99-334 would add $100,000 to the Not to Exceed Limitation on compensation to result in a total Not to Exceed amount of $755,000. Since it is expected that these additional expenditures will be included in both the remainder of this fiscal year and in fiscal year 2006/2007, sufficient funds are available in the Water Resources budget for this year and funds will be included in the proposed 2006/2007 budget. AMS:dll S:\CQUNCIL\AdminsI05-06 Admins\DuanefVlorrisAgrAmd6.doc January 13, 2006. 8:30AM ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Consent Calendar ITEM: 1.1. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED CITY MANAGER DEPARTMENT HEAD January 11, 2006 CITY ATTORNEY SUBJECT: Reject all bids for decorative street lamps for the Chester Avenue Streetscape Project. ryJard 2) RECOMMENDATION: Staff recommends rejection of all bids. BACKGROUND: Invitations to bid were sent to eleven (11)) suppliers for decorative street lamps for the Chester Avenue Streetscape Project. Five (5) bids were received in response to solicitation and are as follows: BIDDER AMOUNT Great Basin Lighting, Inc. Discovery Bay, CA $174,143.90 Sunrise Lighting Systems Fresno, CA $188,468.28 California Electric Supply Bakersfield, CA $206,320.51 Stewart Electric Bakersfield, CA $207,657.45 Graybar Electric Bakersfield, CA $208,808.80 After the bid opening, staff determined that there was some confusion regarding acceptable paint finishes for the street lamps. Staff is investigating the different appropriate types of paint finishes and will clarify the bid documents and re-advertise for bids. Purchasing DivÎsion DW S:\PURCH\ADMIN\Reject Bids - Decorative Street Lamps for the Chester Ave. Streetscape Project, January 25, 2006.doc January 11, 2006 ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION Consent Calendar ITEM: I,).. hh. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER January 10, 2006 SUBJECT: Roof System Replacement for the Equipment and Shop Building located at Wastewater Treatment Plant NO.2 (Ward 1): 1. Accept bid to award contract to Graham Prewett, Inc. ($74,000) for project. 2. Appropriate $5,000 Wastewater Treatment Plant No. 2 Fund balance to the capital improvement budget within the same fund. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of appropriation. BACKGROUND: The roof on the Equipment and Shop Building located at Wastewater Treatment Plant No.2, which was installed 25 years ago, is at the end of its useful life. Although the roof has leaked periodically during the last five years, the Plant staff has performed temporary repairs, but the leaks hamper maintenance and repair during inclement weather. A roof replacement is recommended to protect equipment and materials stored in the Equipment and Shop Building and to provide a safe work environment for staff to perform maintenance and repairs. City staff issued a Request for Construction Bids for the Replacement of the Roofing System at Treatment Plant NO.2. On December 14, 2005, only 1 bid was received. The Engineer's estimate cost was $74,203 for the project. This project had previously been put out for bid, but the two bids received on May 18, 2005 were significantly over bUdget. The engineering staff re-evaluated the technical specifications for the design and was able to modify the design to reduce the costs for the roof replacement. In addition, staff contacted over 20 roofing contractors to inform them about the project and to obtain the best possible price. Despite receiving only one bid, it is staff's opinion that this bid is a fair and reasonable price for the work. Therefore, the staff recommends acceptance of the base bid of $74,000 for the work without Alternate No. 1. Alternate No. 1 would have provided for a 15 year maintenance and service agreement to maintain the roof in lieu of a standard roof guarantee. One acceptable bid was received on December 14, 2004, as listed below: Graham Prewett, Inc. Bid in the amount of $74,000 Base Bid Suite No. 102 $92,500 Base Bid plus Alternate NO.1 2773 North Business Park Avenue Fresno, CA 93727 Staff is also recommending an additional appropriation of $5,000 to cover potential change orders and miscellaneous expenses. G:\GROUPDAnADMINRPT\2006\01-25\Admin Report for Re-roofing Construction Contract.doc ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Consent Calendar ITEM: IJ.¡í, TO: FROM: Honorable Mayor and City Council DATE: Raul M. Rojas, Public Works Director January 12, 2006 DEPARTMENT HEAD CITY ATTORNEY ~OVED . CITY MANAGER 9J /þ- SUBJECT: North Chester Avenue Bridge (southbound) over the Kern River Replacement (Ward 3): 1. Accept bid and award contract to Granite Construction Company ($6,058,506) for construction of project. 2. Appropriate $5,743,593 Federal Funds to the capital improvement budget within the ISTEA Fund and $600,000 additional traffic impact fee revenue to the capital improvement budget within the Transportation Development Fund. RECOMMENDATION: Staff recommends acceptance of low bid, award of contract, and approval of appropriations. BACKGROUND: This project includes the seismic retrofit of the North Chester Avenue Bridge (southbound) over the Kern River. During Project Development Team strategy meetings for the design of the retrofit, the committee determined that it was most cost effective to replace the existing bridge structure entirely. The new southbound bridge will be constructed to match the existing northbound North Chester Avenue Bridge over the Kern River. In order to construct the new bridge, the existing bridge will have to be removed; therefore the southbound traffic will be detoured to the northbound bridge during the construction period. On December 7,2005, two acceptable bids were received. Granite Construction Company 585 W. Beach Street Watsonville, CA 95076 Total, in the amount of $6,058,506.00 MCM Construction, Inc 6413 3200 Street North Highlands, CA 95660 Total, in the amount of $6,136,561.00 This project is funded with 80 percent federal funds and 20 percent local match from the Transportation Development Fund. The appropriation amount exceeds the construction value because there are additional contracts for Construction Management Services and Environmental Services which will be forth coming. nf pw engr January 12, 2006, 10:57AM G:\GROUPDAnADMINRPn2006\01-25\North Chester BMdge (SB).doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: \.;L.... TO: Honorable Mayor and City Council APPROVED DATE: January 19, 2006 CITY A TIORNEY CITY MANAGER FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD SUBJECT: Community Development Block Grant Reprogramming and Project Amendments: 1) Fire Station #5, Old Town Kern, Economic Development and American Dreams Downpayment Assistance. 2) Transfer $195,511 from the Section 108 Debt Service Fund to the Capital Improvement Budget within the Community Development Block Grant Fund for the construction of Fire Station #5. 3) Transfer $285,038 Project savings from the Economic and Community Development, Operating Budget and appropriate $146,969 CDBG Program Income to the Capital Improvement budget within the Community Development Block Grant Fund for the construction of Fire Station #5. (WARDS 1 and 2) RECOMMENDATION: Budget and Finance Committee and staff recommend approval. BACKGROUND: Economic and Community Development staff is proposing to reprogram Community Development Block Grant (CDBG) from completed or cancelled projects. In compliance with HUD regulations, any significant change or addition to the approved CDBG annual plan must undergo an amendment process which includes obtaining citizen views and comments on the proposed change for a period of 30 days. A notice was published on December 24, 2005 requesting comments and to date no comments have been received. On December 13, 2005, the Budget and Finance Committee approved the request for additional funding for Fire Station #5 and recommended that the item be forwarded to the full Council for consideration. The CDBG amendment will add a total of $709,130 from program savings (Home Access Grant program, Southeast Bakersfield Street Light Improvements and Section 108 repayments) and additional CDBG program income for the project located at 102 East White Lane. The available Section 108 debt repayment funds are the result of an action approved by Council last fiscal year, authorizing the use of Section 108 savings to pay the debt in the current fiscal year, thus freeing up budgeted funds for reprogramming. S:\Admins\City Council\City Council Admins 2006\Amend 012506.doc 1/19/20068:34 AM ADMINISTRATIVE REPORT Page 2 Summary of Fire Station #5 Construction - Additional Fundino Project Savlnas Amount Southeast Bakersfield Street Lioht Improvement Proiect - FY01/02 $81,621 Home Access Grant Program - FY04/05 $48,529 ProQram Savings - FY 04/05 $236,509 Section 108 Loan Repayment for Public Facilities - FY04/05 $195,511 Additional Program Income - FY05/06 $146,969 Total $709,139 There are two additional components of this amendment required by the Department of Housing and Urban Development. The following program changes are administrative transactions only with no budgetary impact: 1) revise the end use of the CDBG funds earmarked for the Old Town Housing Project from will be transferred from acquisition/demolition for housing to the economic development category to more accurately reflect the revised Old Town Mixed-use Project. CDBG funds from FY's 99/00, 00/01, 01/02, and 02/03 totaling $439,050 will be shifted as the result of this amendment; 2) the final section of the amendment will change the scope of the American Dream Down Payment Initiative Assistance (ADDI) from a loan to eligible first time home buyer to a grant and the necessary changes to the City of Bakersfield's recapture guidelines language for the ADDI for FY's 03/04, 04/05, and 05/06. The following HUD program years are affected: Amendment No. 12 (FY99/00), Amendment No. 11 (FYOO/01), Amendment No. 13 (FY01/02), Amendment No. 6 (FY02/03), Amendment No. 5 (FY04/05), and Amendment NO.2 (FY05/06). S:\Admins\City Council\City Council Admins 2006\Amend 012506.doc 1/19/20068:34 AM ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Consent Calendar ITEM: IJ. kK. -A~D DEPARTMENT HEAD ~rõ CITY ATTORNEY //¿.~./ tf'v V6- CITY MANAGER ~ SUBJECT: Accept Grant funded fire vehicles from Kern County, specifically a Hazardous Materials Tender and a Technical Rescue Vehicle. TO: FROM: Honorable Mayor and City Council Ron Fraze, Fire Chief DATE: January 13, 2006 RECOMMENDATION: Staff recommends approval BACKGROUND: Through an Operational Area Grant, the Bakersfield Fire Department has been awarded a Hazardous Materials Tender and a Technical Rescue Vehicle. Kern County purchased the equipment for this grant. The total cost of these vehicles is $405,319. The grant requires that if we were to sell the vehicles in the future, the City would have to receive prior permission from the Federal Government. In addition, the vehicles must be available for Mutual Aid calls, if needed. The Tender is to tow specialized trailers such as the Mass Decontamination Trailer and can carry accessories on its flatbed. The Technical Rescue Vehicle will carry heavy rescue equipment. These vehicles will allow us to respond to a terrorist incident or major disaster in a timely manner with specialized equipment. January 18, 2006,4:37PM S:\SUSANlAdmin Report Wordlhaz mat tender.doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Hearings ITEM: 14. (Á. TO: Honorable Mayor and City Council Raul M. Rojas, Public Works Director January 9, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED (} ,1fL FROM: DATE: SUBJECT: Resolution ordering the vacation of the Public Utilities Easements on that portion 36th Street, West of Chester Avenue (Ward 3) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Kern County Superintendent of Schools is in the process of developing plans for the construction of Valley Oaks Charter School. The school building will encroach into the public utilities easements. The public utilities easements to be vacated serve Pioneer Village and the property adjacent to that portion of 36th Street. New utility facilities will be constructed to serve Pioneer Village within its own property or through new easements that bypass the school buildings site. The emergency fire access easement has been inoperative for years because a block wall was constructed across the west end of that portion of 36th Street. These easements are no longer necessary as the school will cover the entire area of the parcel map (Parcel Map 7487) and the additional property to the south. For those stated above reasons, Porter Robertson in behalf of the Kern County Superintendent of Schools is making the request to have these pUblic utilities easements vacated. The City Fire, Police, Public Works, Development Services, and Economic Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there is no City sewer or storm drain facilities in the vacating area. The utility companies serving the area have been notified by mail. PG&E objects to the above mentioned vacation because they have gas and electric facilities within the area. SBC California requests an easement be reserved should the vacation be granted because they have aerial and underground cable within the area. Preliminary notices were also mailed to all adjacent property owners within a 300-foot radius of the proposed vacating area. Public Works has not received any objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on December 8, 2005 per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. Janua'Y 9. 2006. 9:24AM G:\GROUPDAT\ADMINRPT\2006\01-25\ROI1426 AdminRprt·final.doc ADMINISTRATIVE REPORT '. It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Resolution of Intention No. 1426 declaring intention to order said proposed street vacation was adopted by City Council at the regular meeting of January 11, 2006. Notice of this pUblic hearing has been duly advertised and posted as required by law. January 9, 2006, 9:24AM G:\GROUPDAT\ADMINRPT\2006\01-25\ROI1426 AdminRprt-final.doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Hearings ITEM: 14.b. TO: Honorable Mayor and City Council January 20, 2006 CITY ATTORNEY APPROVED ¡r(. ')4- FROM: DATE: Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY MANAGER SUBJECT: Public Hearing to consider Amendment No. 1 to Resolution No. 027-02 amending the Hageman Road Planned Major Thoroughfare Area and preliminarily approving an increase in the cost and fee schedule, as required by Resolution of Intention No. 1410 (Ward 4). RECOMMENDATION: Staff recommends overriding protests and approval of amendment to Resolution. BACKGROUND: On February 20,2002, the City Council approved Resolution No. 027-02, "Resolution of the City of Bakersfield Adopting the Hageman Road Planned Major Thoroughfare Area and Making Findings Relative Thereto". The following is provided as background information on this Thoroughfare Area. The City is proposing to construct the Hageman Road Flyover connecting Hageman Road with State Route 204, providing a much needed connection between northwest Bakersfield and the downtown. This project will construct the roadway and bridges from the intersection of Landco Drive and Hageman Road to State Route 204. The north half of Hageman Road, between Mohawk and Landco, was a development requirement for the property owner (Kyle Carter) on the north side of Hageman. Kyle Carter approached the City and proposed that he construct both the north and south half of Hageman Road, including the landscaped median and requested that the City reimburse him for the additional cost to construct the south half of the road. The City Council approved this through the establishment of a Bridge and Major Thoroughfare Area, which would require payment of the proportionate share of the road improvement upon development of the property on the south side of the road. The Developer has completed the improvements and has provided documentation for the costs incurred. The actual costs exceeded the preliminary estimate. Staff has reviewed the documentation and verified that the costs are reasonable. Therefore, staff recommends that the cost and fee schedule for the Hageman Road Planned Major Thoroughfare Area be amended. The fee is proposed to increase from $1,547 per gross acre to $1,920 per gross acre. This resolution adopts the revised costs of the improvements and the assessment fee schedule. Subdividers/developers are charged this fee at time of development to pay for the cost of constructing this improvement. GL January 20, 2006, 8:56AM G:\GROUPDA T\ADMINRPT\2006\01-25\Hageman Road Planned Major Thoroughfare Area.doc ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Hearings ITEM NO: 11..\.c. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning January 18, 2006 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY-¡§!)]:kL CITY MANAGER ~ SUBJECT: An appeal by Bruce and Paula Bell, and Manuel and Corinne Monsibais of the Board of Zoning Adjustment's approval of Conditional Use Permit (File No. 05-1505) to allow a drive thru car wash at a proposed 1,664 sq. ft. mini-market with gas pumps in a C-1 (Neighborhood Commercial) zone district at 5700 Auburn Street. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution upholding the decision of the Board of Zoning Adjustment approving the conditional use permit and approve the appeal reinstating the requirement for a block wall. BACKGROUND: The applicant proposes to construct a 1,664 sq. ft. mini-market with fuel service and a drive-thru automated car wash. Because the property is zoned C-1, a conditional use permit is required to allow a car wash on the property. The convenience market is permitted in a C-1 zone and site plan review was processed concurrently with the conditional use permit. Single family residences exist to the north across Auburn Oaks Drive, which will be the most affected by the project where noise and site lighting will be the predominate impacts to those residents. To the east of the site is a federal post annex facility that is surrounded by an 8-foot high block wall and to the west across Fairfax Road is a small neighborhood commercial center. Land to the south across Auburn Street is planned for a new interchange at Fairfax Road and State Highway 178. The major noise source is from the drying blowers, which will be the furthest from the homes as they will be at the south end of the tunnel. To address noise impacting the homes to the north that may flow back through the tunnel, the ordinance allows discretion of requiring block walls when a street separates commercial and residential properties. Since a block wall already exists along the south side of Auburn Oaks Drive along the frontage of the adjacent postal annex to the east, staff recommended to the Board of Zoning Adjustment that the wall continue across the northern property line of the applicant's site at the same height, color, block design and setback as the existing wall to provide continuity of the streetscape. The Board of Zoning Adjustment approved the car wash but at the request of the applicant, removed a condition that would have required a masonry block wall along Auburn Oaks Drive. The appeal concerns reinstating the wall condition along Auburn Oaks Drive. The appellants indicate they would support the car wash if the City Council would restore staff's original condition requiring the block wall and eliminating the proposed access drive along Auburn Oaks Drive. The appeal stated "we would be satisfied with the car wash zoning adjustment decision if the wall, as originally proposed by the Planning Department, was reinstated. Given the Planning Department's view that the driveway is of minor importance to the traffic flow ofthe business, and given our view of its significant negative impact to the surrounding neighborhood, we feel that this is a proper and reasonable request for all parties". Two of the three Board of Zoning Adjustment members found Janua/}' 18, 2006, 3:20PM S'\BZA_SPRICUP\2005\O$1505 -5700 Auburn Sf - carwash -mini-mart in C-1\Administrative Report.doc ADMINISTRATIVE REPORT page 2 that the wall proposed around the postal annex's new driveway would provide adequate buffer to the homes to the north. However, staff recommends approval of the CUP with the reinstated conditions to read as follows: 1. A solid masonry block wall shall be required along the northern boundary of the site. (Refer to the returned site plan for precise wall location). Specifically, commencing at the northeast corner of the site, this wall be constructed on the northeastern property line shared between the site and the neighboring postal annex facility, then shall run along the entire frontage of Auburn Oaks Drive but be setback 8 feet (or the same distance as the wall to the east) from the right-of-way line. At a distance of 20 feet from Fairfax Road, the wall shall angel at a 45 degree angle and end at the building setback line (which is 10 feet from the Fairfax Road right-of-way). 2. The area between the wall along Auburn Oaks Drive and the sidewalk shall be landscaped with 24" box evergreen trees (20' on center) and ground cover/turf. The height of the wall (approximately 8 feet) and its design, block style, and color shall match the existing wall to the east. 3. Vehicular access shall be prohibited to the site from Auburn Oaks Drive. January 18, 2006, 4:33PM S:\ßZA_5PR\CUP\2005I05-1505 -5700 Auburn Sf - CSfW8Sh -mini-marl in C-1\Administrative Report.doc ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Hearing ITEM: p.j .d. TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD~ CITY ATTORNEY ;!JlnA KY____ , Stanley C. Grady, Development Services DATE: January 18, 2006 CITY MANAGER SUBJECT: Vesting Tentative Tract 6655, appealed (Ward 3) Mr. Terry Chiles appealed the Planning Commission's decision approving Vesting Tentative Tract 6655, located north of Paladino on the northeast corner of Valley Lane and future Bella Drive (Applicant: Scott Roylance/Subdivider: Eagle Meadows of Bakersfield 155. LLC). 1. Resolution upholding and modifying the decision of the Planning Commission approving Vesting Tentative Tract 6655 located on the northwest corner of Valley Lane and Bella Drive, and denying the appeal by Mr. Terry Chiles. RECOMMENDATION: Staff recommends adopting resolution upholding and modifying the Planning Commission decision to approve Vesting Tentative Tract 6655, and deny the appeal. BACKGROUND: On December 1, 2005, the Planning Commission approved Vesting Tentative Tract 6655 for 171 lots, with 170 buildable lots and one sump, on 40.006 acres for purposes of single family development, zoned R-1 (One Family Dwelling), located on the northeast corner of Valley Lane and future Bella Drive. The applicant is required to provide a drill island. A Negative Declaration was approved by the Planning Commission on October 20, 2005 with the associated Zone Change 05-0531. On December 8, 2005, Mr. Terry Chiles filed an appeal to the Commission's decision stating that there were unresolved issues related to waterlines, the proposed sump, the sewage lift station and traffic circulation. (See attached letter of appeal from the Mr. Chiles.) Mr. Chiles was one of three speakers with concerns at the December 1, 2005 Planning Commission meeting. Mr. Chiles states in his letter that the issues related to waterline and the sewage lift station are unresolved because residences to the west of Tentative Tract 6655 are not connected to a water or sanitary sewer system. In his appeal letter, he believes that the extension of both the ADMINISTRATIVE REPORT Page 2 water lines and the positioning of the future sewage lift station to the west end of the proposed Campbell Hill Drive will allow future hookups of both system with the residences to the west. The location and size of the sewer lift station is usually addressed with the improvement plan stage of the tract. As a matter of course, Public Works requires lift stations to be designed to serve larger areas than that encompassed by Tract 6655, so there will be capacity available for Mr. Chiles neighborhood, but no conveyance system outside the boundary of Tract 6655. California Water Service (CWS) is responsible for approving the location of the water line and service. City staff will forward Mr. Chiles' concerns to CWS so that CWS can plan for future water line connections in the area. The proposed sump location is on the western boundary of Tentative Tract 6655 and is located in the lowest elevation of the tract. Mr. Chiles objects to the sump because it will "stop the runoff of water from several square miles of water shed" onto his property and he has enjoyed the irrigation of the runoff onto his property. He proposes allowing the land remains as is, without the sump, to act as a percolation area, with the balance of water flowing to his property. Bases on case law, no upstream property owner is allowed to discharge onto a lower elevation property an amount more than the amount of storm water than has historically existed in the natural state. However, this drainage channel is not shown on the USGS map as a "blue-line" stream, so its drainage has no protection under state law, and Mr. Chiles may not have a right to that water. However, if the developer's engineer proposes to use a basin or sump that "retains" the water rather than letting all of it percolate into the ground, that would be acceptable to the City and would preserve the historical runoff for Mr. Chiles property. Mr. Chiles also believed that Vine land Road should be extended to Campbell Hill Drive, rather than end on Bella Drive. Public Works requested on December 12, 2005 (letter attached) that a condition which was inadvertently left off of the original Conditions of Approval be added during the appeal public hearings. This condition is necessary to extend Vineland Road so that it conforms to the Circulation Element of the General Plan. The following condition has been added to the attached Conditions of Approval. 12. Extend Vineland Road as an arterial to the east west collector shown as Campbell Hill Drive. Vineland is shown on the Circulation Element as terminating at this east west collector. CONCLUSION: Staff recommends upholding the Planning Commission's decision to conditionally approve the tentative tract map with conditions shown in the attached exhibit and deny the appeal. pe admin\ 1-25-6655 ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Hearings ITEM: t.J. e. TO: Honorable Mayor and City Council Stanley C. Grady, Development Services January 18, 2006 APPROVED DEPARTMENT HEAD $6- CITY ATTORNEY /?;J¿¿ FROM: DATE: CITY MANAGER It- SUBJECT: Appeal Administrative Review # 05-1207 CNard 4) Resolution of the City Council of the City of Bakersfield approving Administrative Review # 05-1207 rescinding waiver of direct access thereby granting direct access onto Hageman Road from 8200 Hageman Road. (Applicant & Appellant: Porter-Robertson I Owner: BRH, LLC) RECOMMENDATION: Staff recommends adoption of resolution approving Administrative Review #05-1207 granting direct access onto Hageman Road. BACKGROUND: On December 1, 2005, the Planning Commission held a hearing to consider Porter-Robertson's request to allow a 16-foot wide exit-only driveway onto Hageman Road (a collector street) from 8200 Hageman Road. Two motions by the Planning Commission failed to receive a majority vote. Therefore, the request was not approved by operation of law. Harold Robertson, Porter- Robertson, filed an appeal with the City Clerk. The project site is located on the north side of Hageman Road, west of Coffee Road. A 5,716 square foot retail building is proposed at 8200 Hageman which is zoned C-1 (Neighborhood Commercial). The proposed exit-only driveway is located on the north side of Hageman Road, approximately 140 feet west of Centennial Plaza Way, and the driveway is approximately 500 feet west of Coffee Road. The primary concerns by Planning Commissioners objecting to the request is that in their experience exit-only driveways onto major streets seldom remain exit-only and cause driver confusion. An example cited was an exit-only driveway on California Avenue, near Stockdale at the Jack-in-the-Box restaurant. The applicant states the exit-only driveway from the project site is necessary for good circulation through the site, especially delivery trucks and emergency vehicles. The main entry to the retail ADMINISTRATIVE REPORT Page 2 building on the parcel is on the north side of the building (from Centennial Plaza Way). Parking on the west side of the building will be primarily employees but customers may also park there. Waiver of direct access along Hageman Road from the subject property was approved upon recordation of Tract 5363 in 1992, and the waiver remained upon recordation of Parcel Map 11120 in May 2005. At the request of the property owner, the waiver may be revised or relocated under certain provisions and if the City Engineer approves. The City's Traffic Engineer has reviewed the request and does not object. Staff recommends approval of an exit only driveway as requested. The developer shall install appropriate signage to limit the access to exit only and construct the driveway to City standards. In accordance with Section 15061 (b)(3), general rule, exemption from the requirements of CEOA. This request because it will not affect the environment. je Admin\1-25-1207 ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: Reports ITEM: IS. Cl. TO: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED & 1/zÃ FROM: DATE: January 13, 2006 SUBJECT: Report on graffiti and pothole hotline (Staff presentation by Raul M. Rojas, Public Works Director) RECOMMENDATION: BACKGROUND: The Public Works Director will provide a report on the hotlines for graffiti and potholes. January 17, 2006, 11:14AM G:\GROUPDA T\ADMINRP1ì2006\01·25\graffiti reports.doc ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: Deferred Business ITEM: I In. a.. APPROVED DEPARTMENT HEAD~- CITY ATTORNEY ;ílJHÁ CITY MANAGER 1/('/ SUBJECT: Resolution Approving Proposed Changes to Ward Boundaries TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services January 18, 2006 RECOMMENDATION: Adoption of resolution approving ward re-apportionment. BACKGROUND: Concept maps were previously distributed to the Council and reviewed at the meeting on January 11, 2006. The concepts include a possible eighth ward, a boundary configuration that achieved balance without contiguity, referred to as concept 25. The Council focused its discussion on this concept and considered alternatives based on concept 25. Responses to questions are being researched and will be provided to the Council under separate cover. 89 Admin\1-25wb ADMINISTRATIVE REPORT MEETING DATE: January 25, 2006 AGENDA SECTION: New Business ITEM: n.a.. TO: FROM: Honorable Mayor and City Council DATE: APPROVED IÞ.-- v{~_~ , / ~ / CITY MANAGER If / / . Agreement with City of Bakersfield and Bakersfield Professional Sports, LLC{or a ~ational Basketball Association Development League Team Alan Tandy, City Manager DEPARTMENT HEAD January 18, 2006 CITY ATTORNEY SUBJECT: RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The National Basketball Association Developmental League (NBADL) is the minor league for the NBA. Bakersfield Professional Sports, LLC, which is owned by Stan Ellis, proposes to bring a franchise to Bakersfield. The Bakersfield franchise will have two NBA affiliates in the 2006/07 season and more in later years, and will play their 24 home games at Rabobank Arena. Bakersfield is only one of thirty cities in the nation to host an NBADL team. Attached is an agreement between Bakersfield Professional Sports, LLC and SMG acting herein on behalf of the City of Bakersfield. This agreement is for a one (5) year term with the option for renewal. The agreement is structured at a no risk basis for the City of Bakersfield. The team will pay the Arena a flat fee of $4,750 per game plus a percentage of ticket sales, with the minimum payment per season being $108,000. The team will receive 10% of concessions sales. The terms of this lease have been crafted along the same lines as the agreements with the Blitz, Condors, and CSUB Roadrunners. The National Basketball Development League season opener is scheduled for November 17, 2006 at Rabobank Arena. The ownership group and SMG will have representatives at the Council meeting to make some comments and respond to questions. Janua". 19. 2006, 9:53AM SS:\Admin Rpts\2006\NBADL 012506.doc A T:JF:akr:al ADMINISTRATIVE REPORT MEETING DATE: January 25,2006 AGENDA SECTION: New Business ITEM: 17. b. TO: FROM: Honorable Mayor and City Council Alan Christensen, Assistant City Manager January 18, 2006 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ f/~ DATE: SUBJECT: Proposal to Make the Ad Hoc Committee on Crime, Gang Violence and Community Relations a Standing City Council Committee RECOMMENDATION: City Council determination BACKGROUND: City Councilmember Irma Carson requested that this item be place on the Council's agenda. Her request is to make the Ad Hoc Committee on Crime, Gang Violence, and Community Relations a standing committee, which would meet on a regular basis. Whether approved at this meeting or not, this issue could be referred to the Legislation and Litigation Committee to study the impact an additional committee would have on the current committee structure and the possibility of having the Ad Hoc Committee on Crime assume the duties of a less-active council committee such as Intergovernmental Relations. January 20, 2006, 6:42AM SS:lAdmin Rpts\2006\Crime Ad Hoc to Standing Committee 01 2506.doc AT:JF:akr:al BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 11, 2006 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Councilmembers Carson (seated at 5:20 p.m.) Benham, Hanson, Sullivan (seated at 5:20 p.m.), Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Labor Negotiator, Bill Avery, pursuant to Government Code Section 54957..6. b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One case) Bakersfield, California, January 11, 2006 - Page 2 4. CLOSED SESSION c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Elizabeth Ann Peel, et al v City, et al 2. Roxanne Ayala, et al v K. C. Environmental Health, et al 3. Victoria Rosales, etc v City, et al 4. Gloria Navarro, et al v City, et al 5. Oxy Resources, LLC v City, et al (Rosedale Ranch) 6 Sierra Club v City, City Council, et al (Rosedale Ranch) Motion by Vice-Mayor Maggard to adjourn the meeting to Closed Session at 5:17 p.m. Motion by Vice-Mayor Maggard to adjourn from Closed Session at 6:28 p.m. RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Maggard, Council members Carson, Benham, Couch, Hanson, Sullivan, Scrivner Absent: None. 6. INVOCATION by Reverend Mark J. Lawrence, St. Paul's Episcopal Parish. 7. PLEDGE OF ALLEGIANCE by Janet Herrera, 3" Grade Student at Horace Mann School. 8. CLOSED SESSION ACTION a. Conference with Labor Negotiator, Bill Avery, pursuant to Government Code Section 54957.6. b Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (One case) ACTION TAKEN APPROVED APPROVED NO REPORTABLE ACTION, NEGOTIATOR GIVEN DIRECTION NO REPORTABLE ACTION Bakersfield, California, January 11, 2006 - Page 3 8. CLOSED SESSION ACTION ACTION TAKEN c. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Elizabeth Ann Peel, et al v City, et al A TTORNEY GIVEN DIRECTION 2. Roxanne Ayala, et al v K. C. Environmental Health, et al Victoria Rosales, etc v City, et al NO REPORTABLE ACTION 3. NO REPORTABLE ACTION 4. Gloria Navarro, et al v City, et al NO REPORTABLE ACTION 5. Oxy Resources, LLC v City, et al (Rosedale Ranch) NO REPORTABLE ACTION Sierra Club v City, City Council, et al (Rosedale Ranch) 9. PUBLIC STATEMENTS 6. NO REPORTABLE ACTION a. Larry Moxley spoke regarding a contract extension for Kern Refuse Disposal Inc. Vice-Mayor Maggard requested the Budget and Finance Committee address the issue and inform Mr. Moxley when the meeting will be held. 10. PRESENTATIONS None. 11. APPOINTMENTS a. One (1) appointment to Handicapped Access Appeals Board due to the resignation of Aaron Lewis. Motion by Vice-Mayor Maggard to appoint Scott Rice to the Handicapped Access Appeals Board. APPROVED ---.'...-.--.----- Bakersfield, California, January 11, 2006 - Page 4 11. APPOINTMENTS continued ACTION TAKEN b. One (1) appointment to the Board of Directors of the North Bakersfield Recreation and Park District, due to the expiration of term of Laura Whitaker, term expired January 1, 2006. City Clerk McCarthy announced three applicants for the position, Robert Blakemore, Robert Halterman and William O'Rullian Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 Blakemore Blakemore Blakemore Blakemore Blakemore Blakemore Blakemore APPROVED Motion by Vice-Mayor Maggard to appoint Robert Blakemore to a four year term expiring January 1,2010. c. One (1) alternate appointment to the Local Agency Formation Commission (LAFCO) due to the adoption of Senate Bill 967. Motion by Vice-Mayor Maggard to appoint himself to the alternate position on the Local Agency Formation Commission (LAFCO) created by the adoption of Senate Bill 967. 12. CONSENT CALENDAR APPROVED Minutes: a. Approval of minutes of the December 14, 2005 Regular City Council Meeting. Payments: b. Approval of department payments from December 2, 2005 to December 29, 2005 in the amount of $18,048,454.56 and self insurance payments from December 2, 2005 to December 29, 2005 in the amount of $392,860.00. 12. Bakersfield, California, January 11, 2006 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. First Reading of Ordinance adopting a negative declaration and amending Section 17.060.020 (Zone Map NO.1 04-07) of Title 17 of the Municipal Code by changing the zoning from RS-2 'I:! acre (Agriculture-2 'I:! acre minimum lot) to R-1 (One Family Dwelling) on 20 acres for purposes of residential development, and from RS-2 'I:! acre to C-2 (Regional Commercial) on 20 acres, generally located on the north side of Paladino Drive, approximately Y. mile east of Morning Drive. (Applicant: Marino & Assoc.) (File 05-0341) FR d. First Reading of Ordinance adopting a negative declaration and amending Section 17.06.020 (Zone Map No. 103-24) ofTitle 17 of the Municipal Code by changing the zoning from an R-2 (Limited Multiple Family Dwelling) to an R-1 (One Family Dwelling) on .19 acres generally located on the north side of Highland Knolls Drive, approximately 'I:! mile east of Fairfax Road. (Applicant: Mcintosh & Assoc.) (File 05-1283) FR e. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 104-08) ofTitle 17 of the Municipal Code by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 39.09 acres generally located at the northwest corner of Valley Lane and Bella Drive (File No. 05- 0531). ORD 4298 f. Adoption of amendments to various Ordinances relating to development standards: ORD 4299 ORD 4300 ORD 4301 ORD 4302 ORD 4303 ORD 4304 ORD 4305 ORD 4306 1. Final Tract Maps 2. R-1 One-Family Dwelling Zone 3. R-2 Limited Multiple Family Dwelling Zone 4. R-3 Limited Multiple Family Dwelling Zones 5. R-4 Multiple Family Dwelling Zone 6. PUD Planned Unit Development Zone 7. PCD Planned Commercial Development Zone 8. Signs 12. Bakersfield, California, January 11, 2006 - Page 6 CONSENT CALENDAR continued ACTION TAKEN Resolutions: g. Memorial Grove Project: Resolution approving Notice of Exemption from the California Environmental Quality Act (CEQA) compliance for the Memorial Grove Project located at the west side of Manor Street just south of the Kern River. 2. Appropriate $2,000.00 fund balance to the Recreation and Parks Department Operating Budget. RES 001-06 1. h. Emergency repairs to a portion of the 42 inch sewer main line at the intersection of Mt. Vernon Avenue and Brundage Lane: 1. Resolution dispensing with bidding procedures due to emergency cleanup required for sewer spill, not to exceed $660,000.00. 2. Appropriate $660,000.00 from the Sewer Enterprise Fund to the Public Works Capital Improvement budget. REMOVED FOR SEPARA TE CONSIDERA TlON i. Engine/generator replacement at Wastewater Treatment Plant 2: Resolution dispensing with bidding procedures due to emergency replacement of existing engine/generator and for service, support, and maintenance costs, not to exceed $700,000.00. 2. Appropriate $700,000.00 from the Sewer Enterprise Fund to the Public Works Department operating budget. REMOVED FOR SEPARATE CONSIDERA TlON 1. j. Amendment No. 14 to Resolution No. 44-93 setting salaries and benefits for the Temporary Unit - Recreation & Parks Positions. RES 44-93(14) k. Resolution ordering the summary vacation of 26 foot wide private access easement located at the southwesterly corner of Westwind Drive and 19th Street (Parcel A of Parcel Map Waiver 25-91). RES 004-06 Bakersfield, California, January 11, 2006 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN I. Resolution ordering the summary vacation of the 25 RES 003-06 foot alley between Stine Road and Summerfield Drive, from the south right of way of Maybrook Avenue to the north right of way of Panama Lane (Parcel Map 5702). REMOVED FOR m. Resolution ordering the summary vacation of the SEPARATE future street at Filson Street, east of Hale Street CONSIDERA TION (Tract Map No 1443). n. Resolution of Intention No. 1410 to amend the ROl1410 Hageman Road Planned Major Thoroughfare Area and preliminarily approving an increase in the cost and fee schedule for the Hageman Road Planned Major Thoroughfare Area. o. Resolution of Intention No. 1414 to add territory, ROl1414 Area 1-62 (Etchart, Verdugo NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. Resolution of Intention No, 1420 to add territory, ROl1420 Area 3-42 (Old River, Panama SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. q. Resolution of Intention No. 1421 to add territory, ROl1421 Area 3-43 (Pensinger, Windermere N) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. r. Resolution of Intention No. 1422 to add territory, ROl1422 Area 3-44 (Old River, Panama NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. s. Resolution of Intention No. 1423 to add territory, ROl1423 Area 4-43 (Valley, Bella NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 12. Bakersfield, California, January 11, 2006 - Page 8 CONSENT CALENDAR continued ACTION TAKEN t. Resolution of Intention No. 1425 to add territory, Area 1-64 (Jenkins, Palm NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ROl1425 u. Resolution of Intention No. 1426 to order the vacation of the public utilities easements on a portion of 36th Street, west of Chester Avenue. ROl1426 v. Resolution of Intention No. 1427 to add territory, Area 2-31 (Taylor, Hunter SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. ROl1427 ROl1429 w. Resolution of Intention No. 1429 to order the vacation of 22"d Street between V Street and Golden State Highway. Agreements: x. Final Tract Map and Improvement Agreement with McMillin Cardona Crossing, LLC for Tract 6006 Phase 6 located north of McKee Road and west of State Route 99. AGR 06-001 Transportation Impact Fee Agreement with Evergreen-Panama & Wible LLC for improvements on the southwest corner of Panama Lane and Wible Road ($45,824.00 estimated impact fee credit). z. Amendments to Agreements with Marderosian, Runyon, Cercone, Lehman & Armo for outside legal services: AGR 06-002 y. 1. Amendment NO.1 to Agreement No. 05-198 ($75,000.00, total not to exceed $150,000.00) for Roxanne Ayala, et al v City, etal. AGR 05-198 2. Amendment NO.1 to Agreement No. CA05- 024 ($125,000.00, total contract not to exceed $150,000.00) for Gloria Navarro, et al v City, et al. Amendment NO.1 to Agreement No. CA05- 021 ($125,000.00, total contract not to exceed $150,000.00) for Victoria Rosales, et al v City, et al. AGR 06-004 AGR 06-003 3. Bakersfield, California, January 11, 2006 - Page 9 ACTION TAKEN 12. CONSENT CALENDAR continued AGR 06-005 aa. bb. cc. dd. ee. Bids: Agreement with Ernest M. Solano, Ph.D. (base monthly retainer of $2,500.00 and $350.00 per psychological screening exam) for psychological screening services for 2 years. Amendment NO.7 to Agreement No. 98-222 with HTE, Inc. ($158,225.14) for service support of licensed software. AGR 98-222(7) Amendment NO.1 to Agreement No. 04-384 with Loop Electric ($40,000.00, for a revised not to exceed amount of $80,000.00 and extending the term for additional one year period) for vehicle loop cutting. AGR 04-384(2) Amendment NO.1 to Agreement No. 04-032 with Kenneth D. Schmidt and Associates ($73,000.00 for a revised not to exceed amount of $122,400.00) for groundwater monitoring and reporting for Wastewater Treatment Plants 2 & 3 and 1-5 Farm. AGR 04-032(1) Amendment NO.2 to Agreement No. 04-217 with Pestmaster Services, Inc. ($75,000.00, for a revised not to exceed amount of $221 ,000.00) for chemical application. AGR 04-217(2) ff. Accept bid from McKee Electric Company ($39,600.00) for voice and data wiring for the third floor of the Borton Petrini Building. (Thomas Roads) gg. Accept bid from Hi Standard Automotive ($44,776.18) for replacement lightbars and sirens. hh. Accept bid from Higgins & Associates ($125,045.047) for park benches at The Park at Riverwalk. ii. CNG-powered street sweeper for the Solid Waste Division of the Public Works Department: 1. Accept bid from Kelly Equipment ($240,030.86) for one (1) CNG-powered street sweeper. 2. Appropriate and transfer $106,000.00 from the Refuse Service Fund to the Equipment Management Fund for said purchase. Bakersfield, California, January 11, 2006 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN jj. 2004/2005 Federal Funded Resurfacing Various Streets Project: 1. AGR 06-006 Accept bid to award contract to Griffith Company ($1,095,764.00) for the construction of the project. 2. Transfer $230,000.00 ISTEA and transfer $30,000.00 GTF. kk. 34th Street and San Dimas Street Storm Drain Project: 1. AGR 06-007 Accept base bid to award contract to Griffith Company ($586,762.00) for construction of the project. 2. Appropriate $350,000.00 Sewer Enterprise Fund balance to the capitallmprovment budget within the Sewer Enterprise Fund. II. Enos Lane Parking Lot Landscaping & Irrigation Project: 1. Accept bid and award contract to Brown & Fowler Construction ($131,868.00) for the construction of the project. 2. Appropriate $40,000.00 fund balance to the Water Resources Department Capital Improvement Budget within the Agriculture Water Fund. AGR 06-008 Miscellaneous: mm. Appropriate $38,374.00 Fund Balance to the Redevelopment Operating Budgets (Southeast $11,512.00; OTK $6,140.00 and Downtown $20,722.00) for the Bakersfield Redevelopment Agency Statewide share for Education Revenue Augmentation Fund (ERAF) FY 2005-06. nn. New law (AB1234) regarding Council Compensation. .---.-- Bakersfield, California, January 11, 2006 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN City Clerk McCarthy announced correspondence was received from staff making changes to item 12.dd. Motion by Vice-Mayor Maggard approve Consent Calendar items 12.a. through 12.nn., with changes to item 12.dd., and removal of items 12.h., 12.i, and 12.m. for separate consideration. APPROVED h. Emergency repairs to a portion of the 42 inch sewer main line at the intersection of Mt. Vernon Avenue and Brundage Lane: 1. Resolution dispensing with bidding procedures due to emergency cleanup required for sewer spill, not to exceed $660,000.00. 2. Appropriate $660,000.00 from the Sewer Enterprise Fund to the Public Works Capital Improvement budget. Motion by Councilmember Couch to approve the Resolution and appropriate funds. APPROVED i. Engine/generator replacement at Wastewater Treatment Plant 2: Resolution dispensing with bidding procedures due to emergency replacement of existing engine/generator and for service, support, and maintenance costs, not to exceed $700,000.00. 2. Appropriate $700,000.00 from the Sewer Enterprise Fund to the Public Works Department operating budget. 1. RES 003-06 Motion by Councilmember Hanson to approve the Resolution and appropriate funds. APPROVED Resolution ordering the summary vacation of the future street at Filson Street, east of Hale Street (Tract Map No. 1443). Motion by Councilmember Carson to approve the Resolution. m. RES 006-06 APPROVED 13. CONSENT CALENDAR HEARINGS a. None. Bakersfield, California, January 11, 2006 - Page 12 14. HEARINGS ACTION TAKEN None. 15. REPORTS a. Planning and Development Committee Report on Streamlining the General Plan Amendment Cycle and Review Process. Assistant City Manager Stinson made staff comments. Motion by Councilmember Benham to accept the report and to implement the recommendations. APPROVED 16. DEFERRED BUSINESS a. Resolution approving proposed changes to ward boundaries. (Ward Reapportionment) City Manager Tandy made staff comments and gave a presentation assisted by Assistant Planner David Dow. Motion by Councilmember Hanson to approve Option #25. WITHDRA WN Mayor Hall announced the Ward Boundary issue will be continued to the next meeting. Cooperative Agreement with State of California Department of Transportation (Cal Trans) for the Thomas Road Program. Staff comments by City Manager Tandy. AGR 06-009 b. Motion by Vice-Mayor Maggard to approve the Agreement. APPROVED 17. NEW BUSINESS None. Bakersfield, California, January 11, 2006 - Page 13 18. MAYOR AND COUNCIL STATEMENTS Councilmember Scrivner requested staff investigate the use of sealant for tables and benches at the Park at Riverwalk to expedite graffiti removal and provide an update; additionally staff to provide information regarding utilization of survei/lance cameras in the common areas of the park. Councilmember Scrivner requested staff prepare a Powerpoint presentation on the number of calls received on the graffiti and pothole hotlines and compare abatements and repairs to last year. Councilmember Scrivner requested the Police Department research the feasibility of providing an increased presence at Valley Plaza through the use of high visibility patrols, gang enforcement sweeps, continued beat officer assignments, mutual agency intelligence operations, and on going community awareness without substantially impacting available resources. Councilmember Scrivner made comments regarding his attendance at a recent Kern County Human Relations Committee meeting regarding an incident at the Sikh Temple in Ward 7 and requested Police Chief Rector make comments; additionally requested the Chief provide information regarding enforcement for the park at Harris and Akers due to increased vandalism. Chief Rector responded. Council member Hanson expressed appreciation to Recreation and Parks Director Hoover for the successful initiation of the Polar Bear Plunge at the McMurtrey Aquatics Center on New Year's Day. Councilmember Hanson requested staff provide an update to Council regarding traffic light synchronization. Councilmember Hanson requested staff respond to a letter to the Californian regarding police staffing. Councilmember Hanson requested additional enforcement of speed limit laws in the area of Ashe and Harris roads during afternoon hours. Councilmember Hanson requested staff respond to a letter from Mrs. Gibson regarding dog parks. ACTION TAKEN Bakersfield, California, January 11, 2006 - Page 14 ACTION TAKEN 18. MAYOR AND COUNCIL STATEMENTS Councilmember Hanson requested staff respond to a letter from Mr. Vagel who volunteered to man a City provided pressure wash truck to abate graffiti in the Silver Creek neighborhood. Councilmember Hanson made comments regarding train parking. Councilmember Carson made comments regarding the recent shooting at Valley Plaza and the resulting emergency meeting of the Ad Hoc Committee on Crime; expressed appreciation for everyone attending the meeting and requested Chief Rector provided an update regarding the event. Chief Rector responded. Councilmember Carson noted Martin Luther King Jr. Day will be celebrated Monday, January 16, 2005, and made comments regarding planned events. Councilmember Benham requested staff repair non- working street lights at the corner of 4th and Chester. Councilmember Benham requested Recreation and Parks staff contact the Trust for Public Land; ascertain what assistance the organization can provide in accomplishing Council Goals and report findings to Council. Councilmember Benham made comments regarding West Side Story being presented by the Bakersfield Music Theatre at Harvey Auditorium January 21, 22 and 28. Council member Sullivan made comments regarding the Ad Hoc Committee on Crime. Council member Sullivan made comments regarding the incident at the Sikh Temple. Councilmember Sullivan made comments regarding the Park at Riverwalk. Councilmember Sullivan requested Recreation and Parks Director Hoover provide a report to the Community Services Committee regarding recommendations for types of plants and landscaping to be used near walls to discourage graffiti. Bakersfield, California, January 11, 2006 - Page 15 18. COUNCIL AND MAYOR STATEMENTS continued Councilmember Sullivan requested Karen Bennett from the Police Deparlment present to the next Community Services Committee meeting information regarding implementing a Graffiti Neighborhood Watch program. Councilmember Sullivan requested additional enforcement of speed laws in the vicinity of Ming Ave. and Valhalla. Councilmember Couch made comments regarding the shooting incident at Valley Plaza. Councilmember Couch submitted a check to the City for Movies in the Park. Councilmember Couch requested Public Works Director contact him. Councilmember Couch requested staff provide information regarding more inexpensive ways to provide notice of cancellations. Vice-Mayor Maggard requested staff abate graffiti in University Park. Vice-Mayor Maggard requested staff abate illegal dumping and provided contact information from Marci Cunningham. Vice-Mayor Maggard thanked Councilmember Carson, the Ad Hoc Committee on Crime and the Police Department for their responses to the shooting at Valley Plaza. Vice-Mayor Maggard requested information regarding aiding graffiti removal volunteers. Public Works Director Rojas responded. Vice-Mayor Maggard requested information regarding the feasibility of handling vandalism at the Sikh Temple through the City's Community Prosecution Program. City Attorney Gennaro responded. Vice-Mayor Maggard requested staff provide information regarding the resolution of Mr. Guiterrez' issue; additionally utilize all resources at the City's disposal to eliminate problems caused by the group home at 5809 Dorset. ACTION TAKEN Bakersfield, California, January 11, 2006 - Page 16 ACTION TAKEN 18. COUNCIL AND MAYOR STATEMENTS continued Vice-Mayor Maggard thanked various individuals and the Red Lyon Inn for assisting in getting pornography recruiters to leave the City. Mayor Hall welcomed Assistant City Attorney Janice Scanlan back into the City's employ. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ..-..-.----...,.