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HomeMy WebLinkAbout11/29/2000 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF NOVEMBER 29, 2000 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL (15 min) (30 min) WORKSHOP a. Update on Arena Football (Jim Foss, SMG/Centennial Garden) b. Overview of the Bakersfield Police Departmenrs Forensic Computer Lab. (Police Chief Matlock, Detective Scott Tunnicliffe) CLOSED SESSION Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 regarding APN Nos. 161-060-07-00-3 and 161-060-18-00-5; Negotiating Parties: City Manager Alan Tandy, Fire Chief Ron Fraze, Finance Director Gregory Klimko, Senior Real Property Agent Don Anderson and Castle & Cooke California, Inc.; Under Negotiation: Price and terms of payment for purchase. Conference with Labor Negotiator, William Avery, pursuant to Government Code Section 54957.6.; Employee Organizations: Fire and Police REGULAR MEETING 1. INVOCATION by Rabbi Rosenstein of Temple Beth El 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by the American Public Works Association Vice President Ben Horn, of "Project of the Year Award" for the Amtrak Rail Road Station, to Mayor Bob Price and City Council. 6, PUBLIC STATEMENTS 7. APPOINTMENTS 8. CONSENT CALENDAR Minutes: a. November 15, 2000 Council Meeting. Payments: Payments from November 4, to November 17, 2000 in the amount of $3,860,323.16; and Self Insurance payments from November 4, to November 17, 2000 in the amount of $325,000.19. Resolutions: (Ward 4) Resolution of Intention No. 1225 to establish Maintenance District TS-5, (NW Promenade, Phase 2) preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3) Resolution of Intention No. 1226 adding territory, Area 4-20 (Panorama, Boise) to the consolidated Maintenance District, preliminary adopting, confirming and approving Public Works Director's Report and setting time and place for hearing protests to the proposed addition of territory. (Ward 7) Resolution of Intention No. 1227 adding territory, Area 5-06 (Berkshire, Monitor North) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) Resolution adding territory, Area 1-19 (Roscomare Street) 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) Resolution adding territory, Area 4-17 (Panorama, Thorner) 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 adopting the City of Bakersfield Disadvantaged Business Enterprise (DBE) Program for use on federally funded highway improvement projects in the City of Bakersfield for Fiscal Year 2000-01. (Ward 4) Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 416, located at the northwest corner of Stockdale Highway and Renfro Road. Resolution approving three Native American name designations on the Kern River Parkway and the future procedure for Native American name designations on the Kern River Parkway. -2- 8. CONSENT CALENDAR continued Resolution approving the Records Retention Schedule for the Development Services Department. Resolution authorizing agreements between the Bakersfield Police Department and the State of California Department of the California Highway Patrol regarding training programs. Resolution approving the application for Funds for the Forestry Grant Program as provided through California Trees for the Millennium Initiative funded through the Forest Resources Improvement Fund for replacement of trees in City parks. Resolution setting the dates of Regular City Council Meetings, Budget Hearings, Department Presentations and Joint City Council/County Board of Supervisors' meetings for January through December 2001. o. Artificial Tuff for Centennial Garden Arena: Resolution determining that artificial tuff for the Centennial Garden Arena cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding, not to exceed $135,000 in aggregate total. Appropriate $135,000 fund balance to the Centennial Garden Capital Improvements budget within the Transient Lodging Tax Fund. Agreements: p. Tract Maps/Improvement Agreements: (Ward 4) Final Map and Improvement Agreements with Kyle Carter Homes, Inc. for Tract 5978, Phase 1, located north of Norris Road, west of Calloway Drive. (Ward 4) Reimbursement Agreement with Bakersfield Christian High School Foundation for Construction of a landscaped median island on Stockdale Highway, east of Allen Road, not to exceed $102,116.40. Assignment and Assumption Agreement with Mexican American Opportunity Foundation (MAOF) to assign property and contractual liability to MAOF pursuant to Agreement No. 99-215. (Ward 2) Amendment No. 1 to Agreement No. 00-238 with Hershel & Clarissa Moore Properties, for acquisition and development of park land, not to exceed $109,746. Bids: Accept bids from Jim Burke Ford, $352,278.77; and Three Way Chevrolet $149,054.77 for Police vehicles (23 replacement and I additional), total $501,333.54. -3- 8. CONSENT CALENDAR continued Miscellaneous: U= Appropriate $12,000 Environmental Penalty Fines revenue to the Fire Department Operating Budget within the General Fund to reimburse the City for the removal of two underground storage tanks. Transfer of $20,000 from City Council Contingency to Economic Development Operating Budget within the General Fund for a contribution to First Night Bakersfield 2001. w. Transfer of Capital Improvement Program Budget Appropriations: Transfer $560,000 to Capital Improvement Program Budget Appropriations from the Street Resuffacing/Reconstruction Project to the Various Median Island Enhancement Project within the Gas Tax Fund. Transfer $135,000 of Capital Improvement Program Budget Appropriations from the Street Resuffacing/Reconstruction Project to the Traffic Signal at Truxtun AvenuefTruxtun Plaza West Project within the Gas Tax Fund. Staff recommends adoption of Consent Calendar Items a. through w. (Wards 1,2,5,7) (Wards 1,2) HEARINGS Hearing to receive public comment on the proposed 2000-2021 Regional Transportation Impact Capital Improvement Plan, Phases I and II, and Fee Schedule Phases I and II. Resolution adopting the 2000-2021 Regional Transportation Capital Improvement Plan and Fee Schedule. Staff recommends adoption of the resolution. Resolution confirming 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. Staff recommends adoption of the resolution. Resolution confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. Staff recommends adoption of the resolution. -4- 10. REPORTS Legislative and Litigation Committee Report No. 4-00 regarding Revised Policy Relating to Annexation Procedures. 1. Resolution or Ordinance relating to Revised Policy on Annexation Procedures. Legislative and Litigation Committee recommends acceptance of report, implementation of recommendations, and adoption of the resolution or ordinance. 11. DEFERRED BUSINESS (Ward 5) Ordinance amending Bakersfield Municipal Code Section 1.12.050 by adding Annexation No. 412 to Ward 5, located along the north side of Rosedale Highway, west of State Route 99. (First reading 11/15/00) Staff recommends adoption of the ordinance. (ward 4) Ordinance amending Bakersfield Municipal Code Section 1.12.040 by adding Annexation No. 413 to Ward 4, located along the south side of Rosedale Highway, east of Coffee Road. (First reading 11/15/00) Staff recommends adoption of the ordinance. (Ward 4) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Maps 101-26 from Neighborhood Commercial and Limited Multiple Family Dwelling to Estate on approximately 10.9 acres, located north of Brimhall Road to Rosedale Highway between Allen Road and Jenkins Road (GPA/ZC P99-0474). (First reading 11/15/00) Staff recommends adoption of the ordinance. (Ward 3) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Maps 104-17, 104-18, 104-19, 104-20 from Agriculture and One Family Dwelling to Regional Commercial on 96.9 acres; from Agriculture to One Family Dwelling on 500 acres, from Agriculture and One Family Dwelling to Limited Multiple Family Dwelling on 18.12 acres and Agriculture to Limited Multiple Family Dwelling on 47.38 acres. (P99-0647)"City in the Hills" (First reading fl/15/00) Staff recommends adoption of the ordinance. (ward 4) Ordinance amending Title 17 of the Bakersfield Municipal Code and Zone Maps 101-36, 102-31 and 122-01 from One Family Dwelling, Limited Multiple Family Dwelling, Regional Commercial and Planned Unit Development zones to One Family Dwelling, Limited Multiple Family Dwelling and Regional Commercial zones west of Calloway Road, north of the Kern River. (P00-0477) (First reading f 1/15/00) Staff recommends adoption of the ordinance. -5- 12. (Ward 1 ) (Ward 2) NEW BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zone Map No. 124-08 by changing the zoning from Limited Multiple-Family Dwelling Zone to a Limited Multiple-Family Dwelling - Church Zone on 6 ~ acres, located on the east side of Lotus Lane, approximately 1/4 mile north of Watts Drive. (ZC P00-0695) Staff recommends first reading of the ordinance. b. Downtown Streetscape Expansion Project: Award Contract to Scales Construction, Inc., $699,960 for Downtown Streetscape Expansion Project: 17"~, 18"~, 19~, 20"~, 21"t and 22"u Streets, from Eye Street to K Street, for base bid and both additive alternates; Reimbursement Agreement with Truxtun Tower Associates, $9,400 for irrigation and landscaping improvements on 17th Street between K Street and L Street and appropriate $9,400 Developer Contribution to the Capital Improvement Budget within the Gas Tax fund. Appropriate $73,000 of prior year CDBG entitlement funds to the Capital Improvement Budget within the Community Development Block Grant Fund. Staff recommends acceptance of low bid and award of contract, approval of the reimbursement agreement and appropriations. 13. COUNCIL STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:~COun~iI~AGENDA~IOV2900.w/xl November 21,2000 (2:19prn) -6- · BAKERSFIELD MEMORANDUM NOVEMBER 22, 2000 TO: FROM: THROUGH: HONORABLE MAYOR AND CiTY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER/~ ALAN TANDY, CITY MANAGER SUBJECT: AGENDA HIGHLIGHTS - NOVEMBER 29, 2000, COUNCIL MEETING PRE-MEETING There are two workshop items: 1) an update on Arena Football by Jim Foss, Executive Director of Centennial Garden; and 2) an overview of the Bakersfield Police Department's Forensic Computer Lab by Police Chief, Eric Matlock and Detective Scott Tunnicliffe. (The second workshop will take place at the Police Department) There are two closed sessions items: 1) conference with Real Property Negotiator regarding APN Nos. 161-060-07-00-3 and 161--060-18-00-5; and 2) and a conference with Labor Negotiator. PRESENTATIONS There will be a presentation by the American Public Works Association of "Project of the Year Award" for the Amtrak Rail Road Station to Mayor Bob Price and City Council. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8c. Resolution of Intention to establish Maintenance District TS-5, (NW Promenade, Phase 2) Dreliminarily adoDtinq, confirmincl and aDDrovina Public Works Director's Report. A written request was received by the property owner to form a maintenance district for the operation and maintenance of a traffic signal on Rosedale Highway at the main entrance to the NW Promenade, Phase 2. The City has received a letter and Proposition 218 ballot from the owner, which waives all hearings. In order to provide future owners with disclosure, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision. Item 8d. Resolution of Intention addincl territory (Panorama, Boise) to the consolidated Maintenance District, preliminary adoptinG, confirminq and aDDrovinq Public Works Director's Report and settinc~ time and place for hearina protests to the i~roDosed addition of territory. The City is proposing to install landscaping in the medians in Panorama Drive between Bluff and Columbus Streets. To provide ~or the maintenance of the median landscaping, this resolution proposes to add territory to the Consolidated HONORABLE MAYOR AND CiTY COUNCIL November 22, 2000 Page -2- Maintenance District. This area is generally bounded by a line 1/4 mile north of Panorama Drive on the north, Columbus Street on the east, Christmas Tree Lane on the south, and Bluff Street on the west. Item 8e. Resolution of Intention adding territorv (Berkshire, Monitor North) to the Consolidated Maintenance District and Dreliminarilv adoptinG, confirming and apprevinG PublicWorks Director's Report. A written request has been received from the owner to be included into the Consolidated Maintenance District. This area is generally bounded by the Arvin Edison Canal on the north, a line 1/4 mile east of Monitor Street on the east, Berkshire Road on the south, and a line 1/8 mile west of Monitor Road on the west. The City has received a letter from the owner which waives the public hearing concerning inclusion in the District, and has submitted a Preposition 218 ballot indicating his consent to the assessments. Item 8f. Resolution adding territorv (Roscomare Street) to the Consolidated Maintenance District and confirming the assessments, aDDrovinG the Public Works Director's Report and authorizing collection of assessments by the Kern Countv Tax Collector. A written request has been received from the owner to be included into the Consolidated Maintenance District. This area is generally bounded by Verano Court and Moraga Court on the north, the southerly prolongationof Victor Street on the east, Hageman Road on the south, and Rockwell Drive on the west. The City has received a letter from the owner which waives the public hearing concerning inclusion in the District, and has submitted a Proposition 218 ballot indicating his consent to the assessments. Item 8cl. Resolution adding territory (Panorama, Thorner) to the Consolidated Maintenance District and confirming the assessments, approvinG the Public Works Directors Report and authorizing collection of assessments by the Kern County tax Collector. A written request has been received from the owner to be included into the Consolidated Maintenance District. This area is generally bounded by Eagle Ridge Street on the north, Morning Drive on the east, Panorama Drive on the south, and a line % mile west of Morning Drive on the west. The City has received a letter from the owner which waives the public hearing concerning inclusion in the District, and has submitted a Proposition 218 ballot indicating his consent to the assessments. Item 8h. Resolution adopting the DisadvantaGed Business Enterprise (DBE) ProGram for use on federalIv funded highway improvement proiects for Fiscal Year 2000-01. The federal regulations regarding the DBE Program have recently been revised. Some of the revisions include changes in the methodology used to compute each agency's DBE 9oal. This resolution computes the City's 2000-01 overall goal at 16%. It has been preliminarily approved by CalTrans, and must be adopted by the City Council by January 1,2001 in order for the City to continue receiving federal highway funds. Item 8i. Resolution of Application proposing proceedings for annexation of uninhabited territory located at the northwest corner of Stockdale Hiclhwav and Renfro Road. This resolution proposes proceedings for annexation of approximately 19 acres of uninhabited land, zoned agricultural, located at the northwest corner of Stockdale Highway and Renfro Road. The property owner has consented to annexation and wishes to receive City services. Item 8i. Resolution approvinG three Native American name designations on the Kern River Parkway and the future procedure for Native American name designations on the Kern River Parkway. On March 6, 1996, the City Council previously appreved naming Yokuts Park, Yowlumne Park and Hoe-Y Running Course for picnic area west of Highway 99, volleyball courts at Truxtun Avenue and Mohawk Drive and cross-country course, respectively. In July 2000, representatives of Native American Heritage HONORABLE MAYOR AND CITY COUNCIL November 22, 2000 Page -3- Preservation Council of Kern County requested an opportunityto designate three additional locations along the Kern River Parkway. The current request is to assign the names of Ohshuh. Xahly and Cholich to large Truxtun Lake, small Truxtun Lake and creek connecting both lakes, respectively. The proposed resolution approves the above-mentioned names and establishes a procedure for future Native American name designations on the Kern River Parkway. This request was approved by the Community Services Committee on November 16, 2000. Item 8k. Resolution approvinG the Records Retention Schedule for the Development Services Department. The Government Code permits destruction of certain public documents upon the approval of the City Attorney and a Resolution adopted by the City Council. This resolution approves a retention schedule for the Development Services Department based upon the statewide retention schedule established by the City Clerks' Association of California. Item 81. Resolution authorizing agreements between the Bakersfield Police Department and the State of California Department of the California HiGhwav Patrol reGardinG training programs. The California Highway Patrol offers training programs for local law enforcement agencies. This resolution, which is a state requirement, authorizes the Chief to enter into training agreements with the State of California, Department of the California Highway Patrol. Item 8m. Resolution aDDroving the application for Funds for the Forestrv Grant ProGram as provided through California Trees for the Millennium Initiative funded through the Forest Resources Improvement Fund for replacement of trees in Citv parks. Governor Davis in cooperation with the California State Legislature has enacted the California Trees for the Millennium Initiative for 2000-01, which provides funds for urban forestry programs. This resolution approves a grant request of $15,000 for the purchase of replacement trees. Salaries, wages and planting equipment are not included in the grant. The City will partner with community groups and the Tree Foundation, using volunteers to plant the trees. Item 8n. Resolution setting the dates of ReGular MeetinGs, BudGet HearinGs and Department Presentations of the Citv Council for January through December 2001. This resolution sets the regular City Council meetings, Budget Hearings and Department Budget Presentations for 2001. Additionally, the joint City/County meeting dates, which was approved September 11, 2000 are included. Item 80. Artificial tuff for Centennial Garden Arena. A lease is being negotiated with the owner of the Los Angeles Avengers Arena Football team to bring an Arena Football 2 franchise to Bakersfield to play at the Centennial Garden. In order to accommodate the playing surface needs for the sport, an artificial turf must be purchased for no more than $135,000. It is requested that the turf be purchased from Sponexe, the company that provides the required artificial tuff for Arena Football 2, in order to provide uniformity of playing surfaces as required by the league. Funding for the turf will come from greater than anticipated revenues generated by SMG within the Transient Lodging Tax Fund. This item also appropriates $135,000 of Fund Balance to the Centennial Garden Capital Improvements budget within the Transient Lodging Tax Fund. HONORABLE MAYOR AND CITY COUNCIL November 22, 2000 Page ..4- A(Ireements: Item 8G. Reimbursement AGreement with Bakersfield Christian Hiqh School Foundation for Construction of a landscaped median island on Stockdale HiGhway. east of Allen Road, not to exceed $102, 116.40. The Bakersfield Christian High School Foundation is developing the property on the south side of Stockdale Highway, east of Allen Road. There is currently no median in this stretch of Stockdale Highway. In the normal course of development, the first development will design the median and pay $30 per linear foot towards the cost of construction. The second development, on the opposite side, would construct the median and collect the fees deposited by the first development. Bakersfield Christian High School Foundation is the first development and wishes to install a fully-landscaped median. This agreement requests reimbursement of one-half of the median's cost, which is limited to the amount that would be received from the second development, or about $102, 116. Item 8r. AssiGnment and Assumption Aqreement with Mexican American OPportunity Foundation (MAOF) to assign property and contractual liability to MAOF Pursuant to Agreement No. 99-215. In 1997, the City Council approved an agreement granting funds to Clinica Sierra Vista (CSV) to purchase property on East California Avenue to be used as an urgent care drop-in facility. CSV was not able to comply with the agreement, so the property reverted to the City. In 1999, the City Council authorized Agreement No. 99- 215 between the City and MAOF to transfer title of the property from CSV to MAOF, who is currently developing the property to build a child care center that will serve low income families. Recently, MAOF reorganized and formed a property management division called MAOF Properties, Inc., which will own and manage the property. MAOF is requesting the City assign its property and contractual liability to MAOF Properties, Inc. Item 8s. Amendment No. 1 to Aareement No. 00-238 with Hershel & Clarissa Moore Properties, for acauisition and development of Dark land. On August 30, 2000, the City Council approved Agreement No. 00-238 for the acquisition and development of park land. Under this agreement, Hershel and Clarissa Moore agreed to sell 4,87 acres of park land to the City, and agreed to be paid with reimbursement of park in lieu fees, not to exceed $199,746. Hershel and Clarissal Moore now desire to donate the 4.87 acres as a gift, without consideration. The donation does not relinquish future parkland requirements for any subsequent residential developments. The agreement must be amended to provide for the donation. Bids: Item 8t. Award bids for Police vehicles (23 replacement and 1 additional) to Jim Burke Ford in the amount of $352,278.77; and Three Way Chevrolet in the amount of $149,054.77, for a total of $501,333.54. Staff received two acceptable bids, and recommends award to Jim Burke Ford and Three Way Chevrolet. Miscellaneous: Item 8u. Appropriate $12,000 Environmental Penalty Fines revenue to the Fire Department ODeratincl Budclet within the General Fund to reimburse the City for the removal of two underqround storaqe tanks. The Environmental Services Division of the Fire Department has been designated by the State as a local Certified Unified Program Agency with enforcement powers for environmental violations. In this context, HONORABLE MAYOR AND CITYCOUNCIL November22,2000 Page-5- the Fire Department collects fines which, according to State law, must be set aside and used for environmental matters. The Fire Department spent $12,000 to remove two underground storage tanks, and requests reimbursement therefor. Item 8v. Transfer of $20,000 from City Council ContinGency to Economic Development Operating BudGet within the General Fund for a contribution to First NiGht Bakersfield 2001. At the November 15, 2000 Council meeting, Councilmember DeMond asked that the Council consider a request from First Night Bakersfield for an additional $20,000 contribution to fund their activities for First Night 2001. This year, the City contributed $10,000 and other in-kind services. While the organization is undertaking an aggressive fund-raising effort, they are requesting a greater commitment. Council member DeMond recommends the request be granted from Council Contingency funds. Item 8w. Transferof Capital Improvement ProGram BudGet Appropriations. At the November 15, 2000 Council meeting, approximately $1,7 million AB 2928 Transportation Congestion Relief Funds were appropriated. This Bill specifies that these funds be used for road repair/resurfacing, and also requires the agency maintain its General Fund expend itures for road repairs no less than the annual average of that expended during FY 96-97, 97-98 and 98-99. The City does meet that requirement. Upon receipt of the funds, staff recommends that $135,000 of Gas Tax funds originally budgeted as part of street maintenance be transferred to a new CIP Project, a signal installation at Truxtun Avenue and Truxtun Avenue West. In addition, staff is proposing the transfer of $560,000 in Gas Tax funds from street maintenance for additional median island improvements. As these transfers involve Gas Tax funds, they will not affect the General Fund maintenance. The AB 2928 fund appropriation will more than replace the funds for road resurfacing. HEARINGS Item 9a. Hearing to receive public comment on the proposed 2000-2021 Reqional Transportation Impact Capital Improvement Plan, Phases I and II, and Fee Schedule Phases I and II, and Resolution adopting the 2000-2021 ReGional Transportation Capital Improvement Plan and Fee Schedule. The Municipal Code requires that the City Council annually update the capital improvement plan and fee schedule. The resolution updates the Plan, but does not change or impact the fee schedule. The plan and fee schedule are divided into two phases. Phase I applies to vesting maps and maps which have had their local mitigation measure fees determined by the Planning Commission. Phase II eliminated the need for local mitigation measure fees and applies to all new developments allowed by the 2010 General Plan, with the exception of very large commercial projects. Certain projects, which have been reviewed by the Urban Development Committee, have been added to the list to account for shifts in development trends and oversights in the development of the original facilities list. Item 9c. Resolution confirming the report of the Chief Code Enforcement Officer reeardinq assessments of certain properties forwhich dangerous buildings have been demolished. Certain subject properties were determined by the Building Director to pose an imminent threat to the health and safety of citizens, and therefore subject to summary abatement under the Municipal Code. The owners were notified and failed to comply with the Notice of Summary Abatement. The owners of the property failed to commence work as ordered by the Building Direc'~or to abate such a nuisance. The costs incurred by the City can be assessed against the property as provided by the Municipal Code. These include one property in Ward I at a cost of $4,185 and one property in Ward 2 at a cost of $4,785. The property owners have been given notice of their right to appear at the hearing on this matter and to object to the correctness of the HONORABLE MAYOR AND CITYCOUNCIL November22,2000 Page-6- costs incurred by the City. This resolution requests confirmation of the costs incurred by the City and order that such costs be made a lien against the property. REPORTS Item 10a. Leqislative and Litigation Committee Report No. 4-00 reqardina Revised Policy Relatincl to Annexation Procedures. The Legislative and Litigation Committee will meet on November 28, 2000 to finalize its review of issues relating to the City's annexation procedures. It is anticipated a decision relating to proposed changes will be made at that meeting, as well as the final form, in which the changes will be presented to Council on November 29~. DEFERRED BUSINESS Item 1 la. Ordinance amendincl Municipal Code by addincl Annexation No. 412 to Ward 5, located alonq the north side of Rosedale Hiahwav, west of State Route 99. This ordinance amends the ward boundaries to include Annexation No. 412. This annexation consists of 24 acres of uninhabited land. This is the second reading of the ordinance. Item 11 b. Ordinance amendinq Municipal Code bv addinq Annexation No. 413 to Ward 4, located alonq the south side of Rosedale Hiqhwav, east of Coffee Road. This ordinance amends the ward boundaries to include Annexation No. 413 into the corresponding Council ward. The site consists of approximately 2.5 acres of uninhabited land. This is the second reading of the ordinance. Item 1 lc. Ordinance amendina Municipal Code and Zonina Maps from Neiqhborhood Commercial and Limited Multiple Family Dwelling to Estate on approximately 10.9 acres, located north of Brimhall Road to Rosedale Hiahwav between Allen Road and Jenkins Road. This project was recommended for approval by the Planning Commission with the expansion to the commercial being denied after two hours of public hearing on September 21, 2000. During the hearing, discussion centered around approving the General Commercial designation and requiring a PCD zone for the area. The applicant rejected the option due to a misunderstanding of the situation. Since then, the matter has been clarified and the applicant agrees to the PCD requirement. This is the second reading of the ordinance. Item 11d. Ordinance amendincl Municipal Code and Zoninq Maps from Aariculture and One Familv Dwellinq to Reaional Commercial on 96.9 acres; from Aqriculture to One Family Dwellinq on 500 acres; from Agriculture and One Familv Dwellinq to Limited Multiple Family Dwellinq on 18.12 acres: and Aqriculture to Limited Multiple Fah lily Dwellinq on 47.38 acres. The "City in the Hills" project covers nearly 700 acres and is located along side Highway 178 north of Mesa Marin Raceway. The applicant proposed an urban development that upon buildout would have a population of 11,500 people. The Planning Commission approved the project without significant modification on October 5, 2000. At the Council meeting of November 15, 2000, Councilmember Maggard recommended several changes to the project in response to concerns voiced by citizens at the meeting, This is the second reading of the ordinance. Item 11e. Ordinance amendine Municipal Code and Zone Maps from One FamilV Dwellincl, Limited Multiple Familv Dwellinc~, Reclional Commercial and Planned Unit Development zones to One Family DwellinQ, Limited IVlul~iple Family Dwelling and Reqional Commercial zones west of Callowav Road, north ofthe Kern River. The proposed GPNZC seeks to re~ne the land use con~guration to ~t a new alignment of Jewetta Avenue, This would eliminate 73 acres of land designation as OS (Open Space) for a golf HONORABLE MAYOR AND CITY COUNCIL November 22, 2000 Page -7- course. Also, the golf course site was adequate mitigation for the previous loss of 43 acres of OS designated land. The City Council found that the loss of OS land, due to the proposed GPNZC, should be replaced at another location and recommended a mitigation measure requiring 43 acres of OS designated land within one mile of the previously approved golf course site. This is the second reading of the ordinance. NEW BUSINESS Item 12a. Ordinance amending Municipal Code and Zone MaD bv chanGinG the zoninq from Limited Multiple-Family Dwelling Zone to a Limited Multiple-Family Dwelling ~ Church Zone on 6 % acres, located on the east side of Lotus Lane, approximately 1/4 mile north of Watts Drive. On November 2, 2000, the Planning Commission adopted a resolution recommendin9 approval of the zone change, the purpose of which is to facilitate site development as a church. The request is consistent with the site's LMR (Low Medium Density Residential) land use designation as depicted on the 2010 General Plan. The Municipal Code requires that church and related uses be separated from property zoned or designated for residential uses by a six-foot high masonry wall. To date, no specific plans have been received for development of the site. No public opposition has been received. Item 12b. Downtown Streetscape Expansion Project. 1) There are three actions being recommended: Staff received two acceptable bids for the project, and recommends award to Scales Construction in the amount of $699,960. 2) Appropriation of $73,000 of CDBG funds to add 22"d Street to the base bid. The improvements will be extended down each side street one block each to the east and west of Chester Avenue. Under the base bid, 22"d Street was not included, but were listed as Additive Alternate I in the proposal so it could be awarded if sufficient funds were available. 3) Approve a reimbursement agreement with Truxtun Tower Associates and appropriate $9,400 for irrigation and landscape improvements. With the east limits being "K" Street, the south side of 17"` Street from "K" to "L" was outside the project, meaning a portion of the Bank of America Building's frontage on 17"' would not match the new frontage from Chester to "K." Truxtun Tower Associates requested these improvements be made, and will reimburse the City for the expense in the amount of $9,400. This bid is being protested by Zondiros Corporation, the second low bidder. Their protest requires that a hearing be held before the City Council to consider the merits of the protest. AT.AC:al cc: Department Heads City Clerk's Office News Media File S:~AGN_HIGH~00nOv29.wpd November 22, 2000 < ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Workshop ITEM: 2, a, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistance City Manager November 21, 2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Update on Arena Football (Jim Foss, SMG/Centennial Garden) APPROVED N/A RECOMMENDATION: BACKGROUND: S:\Council~admins~ADMINS\NOV2900WS.wpd November 21, 2000, 1:24PM ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police November 29, 2000 CITY MANAGER An Overview of the Bakersfield Police Department's Forensic Computer Lab (Chief Matlock, Detective Scott Tunnicliffe) APPROVED DEPARTMENT HEAp//~ CITY ATTORNEY//"~' RECOMMENDATION: n/a BACKGROUND: Detective Scott Tunnicliffe will present a two part overview of the department's new Forensic Computer Lab. Part one Council Members will adjourn to the Police Department Training Room for a power-point presentation about the Forensic Computer Lab and the department's future plans for utilization. Part two The second part of the workshop will include a tour of the new Computer Crimes and High Tech Detail with a quick demonstration. This new office is also located in the basement close to the Training Room. EWM/sVvff November 20, 2000, 5:18PM p:\rpt~Admin Forensic Computer Lab ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Closed Session ITEM: :~, a, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Bart J. Thiltgen, City Attorney November 14, 2000 DEPARTMENT HEAD Conference with Real Property Negotiator pursuant to Government Code section 54956.8 regarding APN Nos. 161-060-07-00-3 and 161-060-18-00-5; Negotiating Parties: City ManagerAlan Tandy, Fire Chief Ron Fraze, Finance Director Gregory Klimko, Senior Real Property Agent Don Anderson and Castle & Cooke California, Inc.; Under Negotiation: Pdce and terms of payment for purchase. RECOMMENDATION: BACKGROUND: BJT:laa NO29CA1.CS November 14, 2000, 3:05pro ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Closed Session ITEM: 3. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney November 14, 2000 APPROVED DEPARTMENT HEAD ~ Conference with Labor Negotiator, William Avery, pursuant to Government Code section 54957.6. Employee organizations: Fire and Police. RECOMMENDATION: BACKGROUND: BJT:laa NO29CA3,CS November 14, 2000, 3:29pm ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 ' AGENDA SECTION: ITEM: 5, a, Presentations TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Bob Price November 14, 2000 APPROVED DEPARTMENT HEAD~ CITY ATrORNEY CITYMANAGER ,/~ Presentation by the American Public Works Association (APWA) Vice President Ben Horn, of Project of the Year Award for the Amtrak Rail Road Station, to Mayor Bob Price and City Council RECOMMENDATION: BACKGROUND: November 14, 2000, 11:55am G:\GROUPDAT~ADMINRPT~2000~NOvember 29~apwaward.wpd ( ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk November 17, 2000 APPROVED DEPARTMENT HEAD ~ CITY A'I'I'ORNEY N~ CITYMANAGER ~ Minutes of the Regular Council Meeting of November 15, 2000 RECOMMENDATION: BACKGROUND: bz S:\Council~admins~ADMINS\NOV2900.wpd November 17, 2000, 3:32pm ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 o b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 17, 2000 APPROVED DEPARTMENT HEAD/'f/~ CITY ATTORNEY~ CITY MANAGER Approval of department payments from November 4, 2000 to November 17, 2000 in the amount of $3,860,323.16 and self insurance payments from November 4, 2000 to November 17, 2000 in the amount of $325,000.19 RECOMMENDATION: Staff recommends approval of payments totaling $4,185,323.35 BACKGROUND: s:%acctpay%adminf~l .wpd klg ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 9, 2000 DEPARTMENT HEAD/~OVED CITYATTORNEY CITYMANAGER ~ Resolution of Intention No. 1225 to establish Maintenance District TS-5, (NW Promenade, Phase 2), preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City from the owner of the property described in Parcel Map No. 10726 to form a maintenance district for the operation and maintenance of a traffic signal on Rosedale Highway at the main entrance to the NW Promenade, Phase 2. Staff recommends the formation of Maintenance District No. TS-5, (NW Promenade, Phase 2), generally bounded by a line 1/4 mile north of Rosedale Highway on the north, Main Plaza Drive on the east Rosedale Highway on the south and a line 1/8 mile east of Carloway Drive on the west. On September 28, 1994 the City Council approved Resolution 161-94 which provides for the collection of maintenance and operating costs for future "convenience" traffic signals through maintenance districts. The proposed traffic signal is considered a convenience traffic signal since it is not required by the Traffic Authority to regulate traffic flow, but is installed solely for the benefit of the adjacent parcels. This maintenance district will be a separate district and will not be merged into the Consolidated Maintenance District. The City of Bakersfield has received a letter and Proposition 218 Ballot from the owner of parcels within the propose district which waives all hearings required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code. This allows the City to expedite the formation of the district. In order to provide future owners with disclosure regarding the proposed maintenance district a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision. A copy of this covenant is attached for reference. Ivd November 13, 2000, 12:39PM S:\PROJECTS\MAINDIS'RTRAFSIG~Admin\TS-5ROi00.wpd ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 o d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 9, 2000 DEPARTMENT HEAD APC/~ED CITY ATTORNEY~ CITYMANAGER //~ Resolution of Intention No. 1226 to add territory, Area 4-20 (Panorama, Boise) to the Consolidated Maintenance District, preliminarily adopting, confirming and approving Public Works Director's Report and setting time and place for hearing protests to the proposed addition of territory. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The City is proposing to install landscaping in the medians in Panorama Drive between Bluff Street and Columbus Street. To provide for the maintenance of the median landscaping this resolution proposes to add territory (Area 4-20, Panorama, Boise) to the Consolidated Maintenance District. Area 4-20 is generally bounded by a line 1/4 mile north of Panorama Drive on the north, Columbus Street on the east, Christmas Tree lane on the south and Bluff Street on the we~t. This area will be under the streetscape zone of benefit and when median landscaping has been installed, assessed an amount for street tier 1. The Resolution sets the date of January 17, 2001 for the protest hearing. Ivd November 14, 2000, 1:29PM S:\PROJECTS\MAINDIST~ADMINRPT~md4-20rOi00.wpd ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. e. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD ~ DATE: November 15, 2000 CITY ATTORNEY CITY MANAGER //~ SUBJECT: Resolution of Intention No. 1227 to add territory, Area 5-06 (Berkshire, Monitor North) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 5941, to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Staff recommends the addition of territory, Area 5-06 (Berkshire, Monitor North ), to the Consolidated Maintenance District. Area 5-06 is generally bounded by the An/in Edison Canal on the north, a line 1/4 mile east of Monitor Street on the east, Berkshire Road on the south and a line 1/8 mile west of Monitor Road on the west. This area will be under the park and streetscape zones of benefit and when a park has been constructed and/or street landscaping has been installed, assessed an amount for park tier 1 and/or street tier 2. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described in Tentative Tract No. 5941 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 subdivideddeveloper to be recorded with the subdivision map. A copy of this covenant is attached for reference. Ivd November 15, 2000, 2:11 PM S:~PROJECTS\MAINDIST~ADMINRPT~md5-06d00.wpd ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8.f. TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD DATE: November 9, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution adding territory, Area 1-19 (Roscomare St) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Directors Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tract 5991 to be included into the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street and median landscaping. Area 1-19 is generally bounded by Verano Ct and Moraga Ct on the north, the southerly prolongation of Victor Street on the east, Hageman Road on the south and Rockwell Drive on the west. This area will be under the street/median zone of benefit and when street/median landscaping has been installed, assessed an amount for street "tier 2". The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter and Proposition 218 ballot 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. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Lvd November 13, 2000, 12:30PM S:\PROJECTS\MAINDIST'~Adminrpt\md1-19re00.wpd ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. g. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 9, 2000 APPROVED DEPARTMENT HEAD {//~ CITY ATTORNEY/~)~ CITYMANAGER ~ Resolution adding territory, Area 4-17 (Panorama, Thorner) 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: A written request has been received by the City Engineer from the owner of Tract 5929 to be included into the Consolidated Maintenance District as required by Section 13.04,021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide forthe maintenance of street and median landscaping. Area 4-17 is generally bounded by Eagle Ridge Street on the north, Morning Drive on the east, Panorama Drive on the south and a line ¼ mile west of Morning Drive on the west. This area will be under the street/median zone of benefit and when street/median landscaping has been installed, assessed an amount for street "tier 2". The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter and Proposition 218 ballot 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. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Lvd November 13, 2000, 12:31PM S:\PROJECTS\MAINDISTVkDMINRPT%md4-17re00.Wpd ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8oh. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director October 30, 2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Resolution adopting the City of Bakersfield Disadvantaged Business Enterprise (DBE) Program for use on federally funded highway improvement projects in the City of Bakersfield for Fiscal Year 2000-01. (All Wards) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Federal regulations require recipients of U.S. Department of Transportation (DOT) funds establish a Disadvantaged Business Enterprise (DBE) program. The Federal DBE program was enacted by Congress in 1983 to create a "level playing field" for DBE's by ensuring that firms competing for DOT-assisted contracts are not disadvantaged by unlawful discrimination. The federal regulations regarding the DBE Program for DOT-assisted contracts have recently been revised. Some of the revisions include expanded local outreach requirements, expanded record keeping by agencies receiving DOT funds and their contractors, and changes in the methodology used to compute each agency's DBE goal. Caltrans, as the monitoring agency for DOT federal funds, has been working with California governmental agencies in developing a draft DBE Program in compliance with the new federal regulations. The attached draft DBE Program has preliminarily been approved by Caltrans, and must be adopted by the City Council by January 1,2001 in order for the City to continue receiving DOT funds. Using the methodology described in the program, the City of Bakersfield's 2000-01 overall goal for DOT-assisted contracts has been computed to be 16%. Notices regarding the City of Bakersfield's DBE Program have been advertised in 4 publications, in addition to the notice appearing on the City's website. As of November 13, 2000, only one comment (from the County of Kern) has been received. We will be conducting workshops on this program for contractors. in partnership with other local agencies. This resolution is submitted annually to the California Department of Transportation along with the City of Bakersfield's "DBE" Program for their approval. November 15, 2000, 8:20AM G:%GROUPDA'r~ADMINRPT~000%DeCember 13\DBE Program.wpd ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent ITEM: 8 o i. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning November 7, 2000 DEPARTMENT HEA~RO ED CITY ATTORNE ~.~.~~O.~1 CITY MANAGER ~ SUBJECT: A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 416 located at the northwest corner of Stockdale Highway and Renfre Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 416 to the City of Bakersfield. The proposed annexation consists of approximately 19 acres of uninhabited land located at the northwest corner of Stockdale Highway and Renfro Road. The property owner has consented to annexation and wishes to receive city services. Although the property is currently zoned agriculture, the owner has applied for a general plan amendment and zone change to commercial which he anticipates to include mini-storage and retail development. MO:pjt adrnin~aug\8-16-a415 November 21, 2000, 8:32AM ' ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 Calendar TO: Honorable Mayor and City Council APPROVED FROM: Stan Ford, Recreation and Parks Director DEPARTMENT HEAD DATE: November 21, 2000 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of Resolution approving three Native American name designations on the Kern River Parkway and the future procedure for Native American name designations on the Kern River Parkway. RECOMMENDATION: Community Services Committee recommends adoption of resolution. BACKGROUND: In July of this year, representatives of Native American Heritage Preservation Council of Kern County (Preservation Council) requested an opportunity to designate three additional locations along the Kern River Parkway as permitted under the Kern River Parkway Plan. In February 1996, a similar request was heard by the Citizen's Community Services Advisory Committee. The Advisory Committee recommended that City Council approve the Preservation Council's request. On March 6, 1996, City Council approved naming Yokuts Park, Yowlumne Park and Hoe-Y Running Course for picnic area west of Highway 99, volleybali courts at Truxtun Avenue at Mohawk Drive and cross- country course, respectively. The Preservation Council's current request is to assign the names of Ohshuh, Xahly and Cholich to large Truxtun Lake, small Truxtun Lake and creek connecting both lakes, respectively. The Preservation Council will provide bronze plaques with phonetic spelling and Native American definition for their new requests as they did for their original dedications. The proposed Resolution approves the above-mentioned names and establishes a procedure for future Native American name designations on the Kern River Parkway. Specifically, such requests will be brought before the Citizen's Community Services Advisory Committee, and their recommendation forwarded to the City Councirs Community Services Committee. The Community Services Committee met on November 16, 2000, and recommended the Council adopt the resolution. VG:alj S:\COUNCIL~Admins~NativeAmericanDesignation,wpd November 21, 2000 NO29CA.CC ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 o k. TO: FROM: DATE: Honorable Mayor and City Council Jack Hardisty, Development Services Director November 16, 2000 APPROVED DEPARTMENT HEAD ,~'fr/,t CITY ATTORNEY CITY MANAGER SUBJECT: A Resolution approving the Record Retention Schedule for the Development Services Department RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Government Code section 34090 permits destruction of certain public records upon the approval of the City Attorney and a Resolution adopted by the City Council. This Resolution approves a Retention Schedule for the Development Services Department based upon the statewide retention schedule established by the City Clerks' Association of California. This Resolution also authorizes the Development Service Department to destroy records in accordance with the time-frames in the Retention Schedules upon written approval by the Department Head and City Attorney. VG:alj S:~COUNCIL~Admins~DevelopSrvcs.RetentionSched.wpd November 16, 2000 NO29CA.CC j ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 o ] o TO: FROM: DATE: Honorable Mayor and City Council Bart J, Thiltgen, City Attorney November 15, 2000 APPROVED DE.ARTMENT.EAD CITY ATTORNEY ~ CITY MANAGER SUBJECT: Adoption of a resolution authorizing agreements between the Bakersfield Police Department and the State of California Department of the California Highway Patrol regarding training programs RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: Occasionally, the California Highway Patrol (CHP) offers training programs for local law enforcement agencies. Since these programs are administered through the State of California, there are certain State requirements that must be met before local agencies may participate. One such requirement is the adoption of a resolution authorizing the Chief of Police to enter into training agreements with the CHP. As such, the attached resolution is presented for your approval. It authorizes the Chief of Police to enter into training agreements with the State of California, Department of the California Highway Patrol, not to exceed $2,500 per year. VG:a~ S:\COUNCIL~Admin~CHP.Agr.wpd November15,2000 NO29CA.CC ( ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 TO: FROM: DATE: Honorable Mayor and City Council Stan Ford, Director of Recreation and Parks November 7, 2000 APPROVED DEPARTMENT HEAD ~ ~ CITY A'I'rORNEY Y/~ CITY MANAGER /~ SUBJECT: Resolution approving the Application for Funds for the Forestry Grant Program as provided through Califomia Trees for the Millennium Initiative funded through the Forest Resource Improvement Fund for replacement of trees in city parks. RECOMMENDATION: Staff recommends approval of resolution. BACKGROUND: The Governor of the State of California in cooperation with the California State Legislature has enacted the California trees for the Millennium Initiative for 2000/2001, which provides funds to cities and other entities within the State of California and its political subdivisions for urban forestry programs. The request grant amount is for $15,000 for the purchase of replacement trees. There is no requirement for matching funds, and therefore, salaries, wages and equipment for the tree planting is not included as pad of the grant. We are required to partner with community groups and will be working with the Tree Foundation in replanting of trees with their involvement and use of volunteers at several city parks and along the parkway. This resolution approves the submittal of the grant application for the Trees of the Millennium Initiative. ('l'ypist's Initials lower case) November 7, 2000, 2:42PM C:~lyFiles~Area 3~,dmin Rep for grant 2000.wpd ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. n. FROM: Pamela A. DEPARTMENT HEAD DATE: November 20, 2000 CITY ATTORNEY /,/'~' CITY MANAGER /~ SUBJECT: Resolution setting the dates of Regular City Council Meetings, Budget Hearings, Department Presentations, and Joint City/County Board of Supervisors' meetings for January through December 2001. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: This Resolution sets the regular City Council Meetings, Budget Hearings and Department Budget Presentations for2001. Additionally, the 2001 joint City/County meeting dates, which was approved September 11,2000 are included. All regular meetings will be held in the Council Chambers at 7:00 p.m. The joint City/County meetings typically begin at 5:30 p.m. and alternate locations between the City and County. A Budget Hearing is scheduled for June 13, 2001 at 7:00 p.m., with adoption of the Budget set for June 27, 2001. Department Budget Presentations are scheduled for Monday, May 21st and June 4th at 12:00 Noon, and May 30th during the Workshop portion of the agenda beginning at 5:15 p.m. There will be two scheduled meetings per month with the exception of July and December. Those months will have only one meeting scheduled on July 18th and December 12u~- NOV3CC.CC1 S:\Council\admins~ADMINS\MeetjngDates2001 .wpd November 20, 2000, 9:50AM ' ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. o o TO: FROM: DATE: SUBJECT: 1) 2) Honorable Mayor and City Council John W. Stinson, Assistant City Manager November 21, 2000 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Artificial Turf for Centennial Garden Arena. Resolution determining that artificial turf for the centennial garden arena cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $135,000 in aggregate total. Appropriate $135,000 fund balance to the Centennial Garden Capital Improvements budget within the Transient Lodging Tax Fund. RECOMMENDATION: Approve the resolution and the appropriation. BACKGROUND: The city has been interested in obtaining an arena football team as a tenant for Centennial Garden Arena for the past two years. SMG has been in negotiations with Casey Wasserman to bring an Arena Football 2 team as a tenant to the Centennial Garden Arena. An exclusive right to an Arena Football 2 franchise has been granted to Mr. Wasserman by the league. A lease is being negotiated with Mr. Wasserman to bring an Arena Football 2 franchise to Bakersfield in 2002. An agreement has been entered into to bring the Los Angeles Avengers arena football team to the Centennial Garden for an exhibition game April 5, 2001 and also in 2002. In order to accommodate the teams and because of the need to have the surface fit within the existing dasher system the city needs to purchase artificial turf for the Arena. The artificial turf is being requested to be purchased from Sportexe, the company that provides the required artificial turf for Arena Football 2 in order to provide uniformity of playing surfaces as required by the league. This artificial turf can be used for other activities such as indoor soccer, other football activities, and special events who may require or desire artificial turf. A press conference was held November 20th announcing the intent to bring Arena Football 2 to Centennial Garden by Casey Wasserman. Arena football has been a new and expanding professional sports event throughout the country for about 15 years. Arena Football 2 has been in place in the southeast portion of November 21, 2000, 1:39PM ADMINISTRATIVE REPORT hge the United States beginning in 2000 with great success and significant fan support. Arena Football 2 has filled the arenas where it has been to 72% of capacity. Arena Football 2 encourages local management of the team and use of local players, The league also has potential for national television exposure for the City. Arena football will complement the existing major tenants at the arena and games will be scheduled from April to August which has historically been a time of reduced use of the facility, Funding for the artificial tuff will come from greater than anticipated revenues generated by SMG for Centennial Garden/Convention Center operations than were estimated for fiscal year 1999-00 within the Transient Lodging Tax Fund. S:LIOHN~ATPROJ%Arti~Cial Tud Admin.wpd November 21, 2000, 1:55PM ,,, ADMINISTRATIVE MEETING DATE: November 29, 2000 REPORT AGENDA SECTION: Consent Calendar ITEM: 8. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director November 13, 2000 Tract Maps/Improvement Agreements: APPROVED DEPARTMENT HEAD ~/~,. CITYATTORNEY ~'~" CITY MANAGER /~ Final Map and Improvement Agreements with Kyle Cader Homes, Inc. for Tract 5978 Phase 1 located north of Norris Road and west of Calloway Drive. (Ward 4) RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for Subdivision Maps. Such improvements include, but are not limited to, streets~ sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. November 13, 2000, 2:31pm G:\GROUPDAT\ADMINRP'rQ000\NOvember 29\TR5978-1 ,wpd TD ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8 .qo TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director October 27, 2000 DEPARTMENTHEAD CITy ATrORNEy~_Z""' CITYMANAGER Reimbursement Agreement with Bakersfield Christian High School Foundation for construction of a landscaped median island on Stockdale Highway, east of Allen Road (not to exceed $102,116.40) (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Bakersfield Christian High School Foundation is developing the property on the south side of Stockdale Highway, east of Allen Road. There currently is no center median in this stretch of Stockdale Highway, nor is there curb, gutter, sidewalk or street lights. In the normal course of development along an arterial such as Stockdale Highway, the first development to come in will design the median as a part of their improvement plans. They would not be required to build the median, but instead would pay a median fee of $30.00 per linear foot. They would construct the pavement, curb, gutter, sidewalk, streetlights and landscaping on their side of the roadway. The second developer - on the opposite side of the arterial - would either construct the median and be paid the median fee collected from the first developer, or they would also pay the median fee and the city would construct it later as a part of a capital improvement project. Bakersfield Christian High School Foundation is the "first developer" in this instance. However, they wish to install a fully landscaped median along Stockdale Highway to enhance their project and to improve the appearance of this major entrance to the City of Bakersfield. They have asked that they be reimbursed for half of the median's cost which is the responsibility of the developer on the north side of the street. Staff recommends approval of this reimbursement agreement, especially as this type of agreement has been used for other landscaped medians in the City. The amount reimbursed to Bakersfield Christian High School Foundation is limited to the amount received from the developer on the north side of the street. This amount is estimated at $102,116. MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. r. TO: Honorable Mayor and City Council APPROVED FROM: Alan Christensen, Assistant City Manager DEPARTMENT HEAD ~ DATE: November 14, 2000 CITY ATTORNEY CITY MANAGER ~ SUBJECT: Assignment and Assumption Agreement with Mexican American Opportunity Foundation (MAOF) and the City of Bakersfield to assign property and contractual liability to MAOF pursuant to Agreement No. 99-215. (WARD 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: The City Council approved agreement 97-308 granting funds to Clinica Sierra Vista (CSV) to purchase property on East California Avenue, to be used as an urgent care drop-in facility. CSV was not able to comply with their agreement, so the property reverted to the City. The City Council authorized Agreement 99-215 between the City and the Mexican American Opportunity Foundation (MAOF) to transfer the title of the property located on East California Avenue, from Clinica Sierra Vista to MAOF. MAOF is currently developing the property to build a child care center, that will serve low income families. Recently, MAOF reorganized and formed a property management division called MAOF Properties, Inc., which will own and manage the project property. MAOF is requesting the City to assign its property and contractual liability to MAOF Properties, Inc., and to allow MAOF Properties Inc., to assume all of MAOF's responsibilities, liabilities and benefits of Agreement 99-215. DIk:S:%Admins\MAOF assign & assump agree.wpd November 17, 2000, 2:45PM ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. s. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jack Hardisty, Development Services Director November 15, 2000 AP OV D DEPARTMENT HEAD~%/ CITY ATTORNE~~ CITYMANAGER ~ Approval of Amendment One to Agreement No. 00-238 for Acquisition and Development of Park Land in an amount not to exceed $109,746. RECOMMENDATION: Staff recommends approval of Amendment One to Agreement No. 00-238. BACKGROUND: On August 30, 2000, City Council approved Agreement No. 00-238 for the acquisition and development of park land. Under this Agreement, Hershel and Clarissa Moore agreed to sell 4.87 acres of park land to the City. They further agreed to be paid for the 4.87 acreswith the reimbursement of park in lieu fees collected by CITY, not to exceed $109,746. Hershel and Clarissa Moore now desire to donate the 4.87 acres of real property to the City as a gift and without consideration. The donation of property does not relinquish future parkland requirements of Chapter 15.80 and 15.82 for any subsequent residential developments. However, Agreement No. 00-238 must be amended to expressly provide for this generous donation. Staff recommends approval of Amendment One to Agreement No. 00-238. VG:alj S:\COUNCIL~Admins\HershelMoore. Amendment.wpd November 21, 2000 NO29CA. CC ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director November 13, 2000 APPROVED CITY MANAGER ~ SUBJECT: Accept bids from Jim Burke Ford $352,278.77 and Three Way Chevrolet $149,054.77 for Police vehicles (23 replacement and 1 additional). Total $501,333.54 RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: follows: Jim Burke Ford 2001 Oak Street Bakersfield, CA 93301 Three Way Chevrolet 3800 California Avenue Bakersfield, CA 93309 Invitations to bid were sent to eighteen (18) vendors. Two (2) bids were received, as 15 vehicles 9 vehicles (City) $352,278.77 $152,525.43 (City) no bid $149,054.77 P:~ADMIN~2000ADMIN\C001129A.wpd GJK:DW:Ijm November 13, 2000, 12:01pm ( ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. u. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Ron Fraze, Fire Chief November 15, 2000 APRROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Appropriate $12,000 Environmental Penalty Fines revenue to the Fire Department Operating budget within the General Fund to reimburse the City for the removal of two underground storage tanks. RECOMMENDATION: Staff recommends approval. BACKGROUND: The Environmental Services Division of the Fire Department has been designated by the State as a local Certified Unified Program Agency with enforcement powers for environmental violations under the Health and Safety Code. In the context of taking enforcement action, the Fire Department collects fines which, as a matter of State Law, are to be set aside and used for enviornmental matters. The Fire Department spent $12,000 to remove two underground storage tanks. The City has pending litigation against the property owner. kec November 15, 2000, 9:49AM S:~Karen~FORMS~Adrnin Rept 111500.wpd ADMINISTRATIVE REPORT MEETING DATE: November29,2000 AGENDA SECTION: Consent Calendar ITEM: 8. v. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager November 16, 2000 APPROVED DEPARTMENT HEAD d~~_/ CITYATTORNEY CITYMANAGER //~ Transfer of $20,000 from City Council Contingency to Economic Development Operating Budget within the General Fund for a contribution to First Night Bakersfield 2001. RECOMMENDATION: Staff recommends approval of the transfer. BACKGROUND: At the November 15, 2000 Council meeting, Council member Pat DeMond asked that the Council consider a request from the First Night Bakersfield Organization for an additional $20,000 contribution to fund their activities for the upcoming First Night 2001. Last year, the City of Bakersfield was the primary sponsor for First Night 2000, and contributed financial and in-kind support. Again this year, the City has contributed $10,000 and other in-kind services. The First Night organization is transitioning from a primarily City-sponsored event to a Community-wide event. While they are undertaking an aggressive fund-raising effort, they are requesting a greater commitment than the $10,000 already provided by the Council in the 2000-01 budget. Council member DeMond recommended the $20,000 request be granted from Council Contingency funds. AC:al November 17, 2000, 8:44AM S:~Adrnin Rpts~2000~irst Night Contingency transfer.wpd ADMINISTRATIVE MEETING DATE: REPORT November 29, 2000 AGENDA SECTION: Consent Calendar ITEM: 8. w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 13, 2000 APPROVED DEPARTMENT HEAD~' oiTY A oRNEY CITY MANAGER Transfer of Capital Improvement Program Budget Appropriations: Transfer $560,000 of Capital Improvement Program (CI P) Budget Appropriations from the Street Resurfacing/Reconstruction Project to the Various Median Island Enhancement Project within the Gas Tax Fund. Transfer $135,000 of Capital Improvement Program Budget Appropriations of the from the Street Resurfacing/Reconstruction Project to the Traffic Signal at Truxtun Avenue/ Truxtun Plaza West project within the Gas Tax Fund. RECOMMENDATION: Staff recommends approval of transfers. BACKGROUND: At the last Council Meeting, approximately $1.7 million Assembly Bill 2928 Transportation Congestion Relief Funds were appropriated. AB 2928 specifies that these funds must be used for road repair/resurfacing, and also requires the agency to maintain its General Fund expenditures for road repairs not less than the annual average of that expended during Fiscal Years 1996-97, 1997-98, and 1998-99. For Fiscal Year 2000-2001, the City meets this requirement. With receipt of these AB 2928 funds, staff recommends that $135,000 of Gas Tax funds originally budgeted as part of CIP project T1 K032 (road resuffacing) be transferred to a new CIP project for the above-mentioned traffic signal installation at Truxtun Avenue and Truxtun Plaza West. In addition, staff is proposing the transfer of $560,000 from CIP project T1 K032 (road resurfacing) to CIP project T1 K022 (miscellaneous median island enhancements). As these transfers are involving Gas Tax funds, they will not affect the General Fund maintenance of effort test outlined above which the City will still meet. The $1.7 million AB 2928 fund appropriation will more than replace the funds for road resurfacing transferred from CIP project T1 K032 to the other projects. ADMINISTRATIVE MEETING DATE: November 29, 2000 REPORT TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Raul Rojas, Public Works Director November 9, 2000 DEPARTMENTHEAD ~'~"O"".~'~.~ CITYMANAGER Hearing to receive public comment on the proposed 2000-2021 Regional Transportation Impact Capital Improvement Plan, Phases I and II, and Fee Schedule Phases I and II. Resolution adopting the 2000-2021 Regional Transportation Capital Improvement Plan and Fee Schedule. (All Wards) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Chapter15.84oftheBakers~eldMunicipal~;oderequiresthattheCityCouncilannually update the capital improvement plan and fee schedule. This Resolution updates the Capital Improvement Plan but does not change or impact the fee schedule. The capital improvement plan and fee schedule are divided into two phases. Phase I, the original program adopted in 1992, still applies to vesting maps and maps which have had their local mitigation measure fees determined by the Planning Commission. Phase II, adopted in 1997, eliminated the need for the local mitigation measure fees and applies to all new developments allowed by the 2010 General Plan with the exception of very large commercial projects. Certain projects of regional importance have been added to the list to account for shifts in development trends and oversights in the development of the original facilities list. These items have been reviewed by the Urban Development Committee. The Transportation Impact Facilities list may be amended at any time during the year, however, the City's Capital Improvement Project list must also be amended to reflect the same changes. PE: urs G:\GROUPDAT, ADMINRPT~.000\NOvember 29\TIF Update.wpd November 14, 20C~, 8:43AM ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Hearings ITEM: 9. b, TO: FROM: DATE: Honorable Mayor and City Council Development Services - Building November 13, 2000 APPROVED CITY MANAGER /F~ SUBJECT: A Resolution of the Council of the City of Bakersfield confirming 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. (Wards 1, 2, 5 and 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: 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, debds 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: PROPERTYLOCATION APN COST Ward 1/Councilmember Carson 1. 3502 Anderson Street 2. 100 Clyde Street 3, 128 Clyde Street 4. 220 Clyde Street 5. 2000 De Wolfe Street 6. 1720 Filson Street 7. 1802 Forrest Street 8. South of 519 S. Haley Street 9. 2 Kincaid Street 10. 4 Kincaid Street 11. 224 Kinceid Street 12. 1214 Murdock Street 13. 25 Northrup Street 14. 223 Northrup Street 15. 1900 block Potomac Avenue 16. 908 Union Avenue 17. 1206 E. 9th Street 172-102-35 $ 810.00 018-340-12 $ 340.00 018-340-06 $ 290.00 018-350-05 $ 320.00 019-122-08 $ 790.00 172-041-31 $ 820.00 007-197-11 $ 355.00 019-102-13 $ 280.00 018-170-11 $ 260.00 018-170-10 $ 260.00 018-150-04 $ 410.00 018-111-12 $ 870.00 018-330-13 $ 330.00 018-310-16 $ 280.00 019-122-09 $ 730.00 139-131-10 $ 1,045.00 018-072-16 $ 345.00 November 13, 2000, 9:00AM ADMINISTRATIVE REPORT Page 2 PROPERTYLOCATION APN COST Ward 2/Councilmember DeMond 18. 409 Cypress Street 007-402-08 $ 995.00 19. SEC K & 14th Streets 006-450-23 $ 290.00 20. 16 Milham Drive 139-431-07 $ 1,345.00 21. 619 Niles Street 014-090-04 $ 445.00 22. 120 Olive Street 008-062-07 $ 420.00 23. West of 1401 S Street 006-352-06 $ 625.00 24. 202 E. 7th Street 139-192-22 $ 570.00 Ward 51Councilmember Green 25. Marriott & Gibson 26. 1400 block Stine Road 332-470-13 $ 2,395.00 164-060-17 $ 730.00 Ward 7/Councilmember Salva¢l¢lio 27. 2309 Bradley Avenue 023-203-19 $ 345.00 28. 5112 Debby Street 372-133-12 $ 440.00 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 have been given notice of their right to appear at the hearing on this matter and to object to the correctness of the costs incurrod by the City to remove the public nuisance. The Council will need to confirm 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. The Council, in its discretion, may amend, alter, modify or correct the assessment as the Council deems just. NO29BL1.HRG November 13, 2000, 9:00AM ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Hearings ITEM: 9.c. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Building November 13, 2000 APPROVED CITY MANAGER SUBJECT: A Resolution of the Council of the City of Bakersfield confirming the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which dangerous buildings have been demolished. (Wards 1 and 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The subject properties listed below were determined by the Building Director to pose an imminent threat to the health and safety of the citizens of the City of Bakersfield, and therefore, subject to summary abatement under Bakersfield Municipal Code Chapter 8.80. The property owners were notified and failed to comply with the Notice of Summary Abatement. The subject property is listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Carson 1. 1816 Forrest Street 007-197-09 $ 4,185.00 Ward 21Councilmember DeMond 2. 10 Milham Drive 139-431-08 $ 4,785.00 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 demolished under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. The property owners have been given notice of their right to appear at the hearing on this matter and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Council will need to confirm the costs incurred by the City for work performed to demolish the subject structures and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. The Council, in its discretion, may amend, alter, modify or correct the assessment as the Council deems just. kdm NO29BL2. HRG November 13, 2000, 8:57AM ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Reports ITEM: 10. a o TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD ~ DATE: November 17, 2000 CITY ATTORNEY, CITY MANAGER /~ SUBJECT: Legislative and Litigation Committee Report No. 4-00 on Revised Policy Relating to Annexation Procedures 1) A Resolution or Ordinance Relating to Revised Policy on Annexation Procedures RECOMMENDATION: Legislative and Litigation Committee recommends acceptance of report, implementation of its recommendations, and adoption of the resolution or ordinance. BACKGROUND: The Legislative and Litigation Committee will meet on November 28 to ~nalize its review of issues relating to the City's annexation procedures. It is anticipated a decision relating to proposed changes will be made at that meeting as well as the final form (either resolution or ordinance) in which the changes will be presented to Council on November 29. (P:\L&L~ADM00-11-29-1 ) November 17. 2000. 11:02AM ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Deferred Business ITEM: 11, a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 7, 2000 CITY MANAGER An ordinance amending Bakersfield Municipal Code Section § 1.12.050 by adding Annexation No. 412 to Ward 5, located along the north side of Rosedale Highway, west of State Route 99. (Ward 5) RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on November 15, 2000. This Ordinance amends the ward boundaries to include Annexation No. 412 area into the corresponding Council ward. The annexations were approved by Council on October 11, 2000. Annexation Ward No. Population Annexation No. 412 5 0 Annexation No. 412 is north of Rosedale Highway and west of State Route 99. The site consists of approximately 24 acres of uninhabited land. The property owner requested annexation to receive city services. (MO:pjt) (admin\nov\l 1-29-a412) November 7, 2000, 2:01PM "" ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Deferred Business ITEM: 11. b o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 7, 2000 APP OVED DEPARTMENT HE An ordinance amending Bakersfield Municipal Code Section § 1.12,040 by adding Annexation No. 413 to Ward 4. located along the south side of Rosedale Highway, generally east of Coffee Road. (Ward 4) RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: The Council conducted the first reading of the Ordinance on November 15, 2000. This Ordinance amends the ward boundaries to include Annexation No. 413 area into the corresponding Council ward. The annexations were approved by Council on October 25, 2000. Annexation Ward No. Population Annexation No. 413 4 0 Annexation No. 413 is located south of Rosedale Highway generally east of Coffee Road. The site consists of approximately 2.5 acres of uninhabited land. The property owner requested annexation to receive city water services. (MO:pjt) (admin\nov\l 1-29-a413) November 7, 2000, 2:01PM ' ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Deferred Business ITEM: ]. :~ o c, TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning November 7, 2000 CITY MANAG~ SUBJECT: Ordinance amending Title 17 of the Municipal Code and Zoning Maps 101-26 from C-1 (Neighborhood Commercial) and R-2 (Limited Multiple Family Dwelling) to E (Estate) on approximately 10.9 acres, located generally north of Brimhall Road to Rosedale Highway, between Allen Road and Jenkins Road (GPAJZC P99-0474). (Ward 4) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The Council conducted the first reading of the Ordinance on November 15, 2000. This project was recommended for approval by the Planning Commission with the expansion to the commercial being denied after two hours of public hearing on September 21,2000. During the public hearing, discussion by the Planning Commission mostly centered around approving the General Commercial designation and requiring a PCD zone for the northwest corner of Brimhall and Allen Roads on a maximum of 15 net acres. However, the applicant rejected the option due to a misunderstanding that he would lose processing time and the existing commercial zoning at the corner because he didn't have a site plan "firreed up" for the commercial area. Since the hearing, the applicant's representative has explained the situation to him and has written correspondence to the Planning Commission and the Planning Department agreeing to the PCD requirement. PCDs require a subsequent site plan submittal and approval by the Planning Commission at a publicly noticed hearing, therefore no action regarding the zone change is required at this time. The northern area where commercial and apartments would be removed is a part of an annexation area known as Allen Road #3 which was annexed to the City on August 22, 2000, and the southern area is a part of another annexation known as Allen Road ~ which is still in process. Allen Road #4 Annexation is anticipated to be complete in January 2001. (MO) (admin~nov\l 1-29-0474) November 7, 2000, 4:47PM ' ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: Deferred Business ITEM: 11. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 17, 2000 APPRO ED DEPARTMENT HEA~~,O~ CITY ATTORNE CITYMANAGER /(~ Ordinance amending Title 17 of the Municipal Code and Zoning Maps 104-17, 104-18, 104- 19, 104-20 from A (Agriculture) and R-1 (One Family Dwelling) to C-2 (Regional Commercial) on 96.9 acres; from A (Agriculture) to R-1 (One Family Dwelling) on 500 acres, from A (Agriculture) and R-1 (One Family Dwelling) to R-3 (Limited Multiple Family Dwelling) on 18.12 acres and A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on 47.38 acres. (P99-0647) "City in the Hills" (Ward 3) RECOMMENDATION: Staff recommends adoption of Ordinance. BACKGROUND: City Council conducted first reading of the Ordinance on November 15, 2000. The "City in the Hills" project covers nearly 700 acres and is located along side Highway 178 north of Mesa Marin Raceway. The applicant proposed an urban development that upon buildout would have a population of 11,500 people. This area has been planned for urbanization since the late 1970's. The Planning Commission approved the project without significant modification on October 5, 2000. Several people attended the City Council meeting and raised concerns regarding several issues. Councilmember Maggard recommended several changes to the project that reduced density, clarified traffic improvement phasing and increased lot sizes on the south side of Paladino Drive. At the conclusion of a lengthy public hearing the City Council adopted the General Plan Amendment and considered the first reading of the zoning with several changes to reduce density, clarify traffic improvements and increasing lot sizes along the south side of Paladino Drive. Those changes have been incorporated into the ordinance for adoption. pjt (admin\nov\l 1-29-0647) November 20, 2000, 3:17PM ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning November 20, 2000 APPROVED CITY MANAGER ~/~ SUBJECT: Ordinance amending Title 17 of the Municipal Code and Zone Maps 101-36, 102-31 and 122- 01 from R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling), C-2 (Regional Commercial) and PUD (Planned Unit Development) zones to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial) zones west of Calloway Road and north of the Kern River. (P00-0477) (Ward 4) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council held first reading of the Ordinance November 15, 2000. The proposed GPNZC seeks to refine the land use configuration to fit a new alignment of Jewetta Avenue. Rearrangement of existing land use designations and zoning districts reflect road alignments and result in nearly the same amount of each land use as exists now. Such rearrangements do not present any new impacts or land use incompatibility. The proposed GPA/ZC would eliminate 73 acres of land designated for OS (Open Space). This OS site was zoned PUD and designated for a golf course. Also, the OS/golf course site was adequate mitigation for the previous loss of 43 acres of OS designated land. The City Council found that the loss of OS land, due to the proposed GPNZC, should be replaced at another location and recommended a mitigation measure requiring 43 acres of OS designated land within one mile of the previously approved PUD/golf course site. pit (admin~nov\l 1-29-0477) November 20, 2000, 3:17PM ' ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: New Business ITEM: ].2 .a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning November 9, 2000 APP OVED DEP3~.i.~TMA~~~ CITYMANAGER ~ An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zone Map No. 124-08 by changing the zoning from an R-2 (Limited Multiple-Family Dwelling) Zone to an R-2 CH (Limited Multiple-Family Dwelling - Church) Zone on 6 % acres generally located on the east side of Lotus Lane, approximately 1/4 mile north of Watts Drive. (ZC P00-0695) (Ward 1 ) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On November 2, 2000, the Planning Commission adopted a resolution recommending approval of the zone change request made by Milazzo and Associates (applicant), representing Emmanuel Temple. The request is to change the zoning from an R-2 (Limited Multiple-Family Dwelling) zone to an R-2 CH (Limited Multiple-Family Dwelling - Church) zone on the 6~ acre site. The purpose of the zone change is to facilitate site development as e church. The request is consistent with the site's LMR (Low Medium Density Residential) land use designation as depicted on the Metropolitan Bakersfield 2010 General Plan. Title 17 of the Bakersfield Municipal Code addresses compatibility concerns between church developments and neighborhood residential uses. Specifically, Section 17.36.030 F. of the Bakersfield Municipal Code requires that church and related uses be separated from property zoned or designated for residential uses by a six foot high masonry wall. During the site plan review process for the future church, a six foot high masonry wall will be required along the north, south, and eastern property lines, adjacent to residentially zoned land. As of the time of this writing, no specific plans have been received by the Planning Department for development of the site. Churches are generally regarded as compatible with residential land uses. No public opposition has been received as of this writing. November 9, 2000, 8:44AM ADMINISTRATIVE REPORT Page No one spoke for or against the zone change request during the Planning Commission hearing. All required public notices have been given. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area. Therefore, a Negative Declaration was prepared and is recommended for adoption. JS (admin~nov\l 1-29-0695) November 9, 2000, 8:44AM ° ADMINISTRATIVE REPORT MEETING DATE: November 29, 2000 AGENDA SECTION: New Bus i ness ITEM: 12.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director November 16, 2000 DEPARTMENT HEAD ~/~VED CITY ATrORNEY~ CITYMANAGER //(~/ Downtown Streetscape Expansion Project: Accept bid to award contract to Scales Construction, Inc., $699,960.00, for Downtown Streetscape Expansion Project: 17% 18th, 19th, 20th, 21 .t, and 22'" Streets- from Eye Street to 'K' Street, for base bid and both additive alternates. Approve reimbursement agreement with Truxtun Tower Associates, $9,400.00, for Irrigation and Landscaping Improvements on 17t~ Street Between K Street and L Street and appropriate $9,400 Developer Contribution to the Capital Improvement Budget within the Gas Tax fund. Appropriate $73,000 of prior year CDBG entitlement funds to the Capital Improvement Budget within the Community Development Block Grant Fund. (Ward 2) RECOMMENDATION: Staff recommends acceptance of low bid and award of contract, approval of the reimbursement agreement and appropriations. BACKGROUND: With this project, the successful Chester Avenue Streetscape improvements will be extended down each side street one block to the west (to Eye Street) and one block to the east (K Street) of Chester Avenue. The improvements include trees in the sidewalk area, decorative street lights, lighted bollards at the corners on Eye Street and K Street, and the associated irrigation and electrical systems. Due to the narrow width of these streets, landscaped medians are not being installed. Under the projecrs original scope, 22"d Street was not included. Staff, however, did included improvements on 22"d Street in the proposal form as Additive Alternate 1 so that it could be awarded if sufficient funds were available. With the appropriation, the improvements on 22"d Street can be installed. With the east limits of the project set at K Street, the south side of 17th Street from K Street to L Street is outside of the project. This meant that a portion of the Bank of America Building's frontage on 17"~ Street would not match their new frontage from Chester Avenue to K Street. The Truxtun Tower Association requested that the City include improvements on the south side of 17th Street from K Street to L Street with them reimbursing the City for that expense. Additive Alternate 2 was included in the City's proposal form to capture the cost for the Association's share of the project. There are sufficient funds in the project accounts to construct the base bid portion of this project. With the funds from the reimbursement agreement and the appropriation, funds will be available to construct the two additive alternates. ADMINISTRATIVE REPORT Page 2 Downtown Streetscape Expansion Staff has received a letter from Zondiros Corporation, the second low bidder, protesting the award of a contract to Scales Construction, Inc. The City Attorney's Office has reviewed that protest and has prepared the attached report. Two bids were received on November 9, 2000 as follows: Scales Construction, Inc. 3215 Fruitvale Avenue Bakersfield, CA 93308 (County) in the amount of $603,176.00 for Base Bid Zondiros Corp. 2517 West 237t" Street, Suite A Torrance, Ca 90505 (Out of town) in the amount of $660,446.00 for Base Bid Staff has identified $73,000 of excess CDBG funds that are available which could be appropriated for the project. These funds were accumulated in previous years as a result of housing rehabilitation loans that were refinanced or paid off prior to maturity.