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HomeMy WebLinkAbout04/25/07_CC_AGENDA_ PACKET BAKERSFIELD CITY COUNCIL AGENDA APRIL 25, 2007 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Workshop and Closed Session item(s) only during this portion of the meeting) 3. WORKSHOPS 4. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). b. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Canyons, LLC, et al v City Kern County Superior Court Case No. S-1500-CV-259731-LPE 2. DKS Investments, LLC, et al v City Kern County Superior Court Case No. S-1500-CV-259731-LPE 3. John M. Tarabino, et al v City KCSC Case No. S-1500-CV-257620-SPC RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL 6. INVOCATION by Rabbi Shmuel Schlanger, Chabad of Bakersfield 7. PLEDGE OF ALLEGIANCE by Devon Madera, 3rd Grade Student at Leo B. Hart School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Mickey Sturdevant and Shirley Harris, Mothers Against Senseless Killings, proclaiming May, 2007, as Let No Mother Lose a Child Month. b. Presentation by Mayor Hall of Proclamation to Tony Martinez, Community Relations Specialist, City of Bakersfield, proclaiming May, 2007, as Graffiti Awareness Month. 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 11, 2007 Regular City Council Meeting. 12. CONSENT CALENDAR continued (Ward 3,4) (Ward 3) (Ward 3,6) (Ward 1) (Ward 2) . - upon annexation Payments: b. Approval of department payments from March 30, 2007 to April 12, 2007 in the amount of $12,376,066.87 and self-insurance payments from March 30, 2007 to April 12, 2007 in the amount of $126,475.98. Ordinances: c. First Reading of Ordinance adding Section 13.08.080 to the Municipal Code relating to Redemption Premiums for 1915 Act Bonds and ratifying Redemption Premiums for such bonds of Assessment District No. 06-1. First Reading of Ordinance amending Municipal Code Sections 1.12.030 and 1.12.040 by adding Annexation No. 492 consisting of 80.98 acres located west of Miramonte Drive, generally south of State Highway 178 to Ward 3; Annexation No. 482 consisting of 73.17 acres located on Brimhall Road, west of Jenkins Road and east of Heath Road; Annexation No. 501 consisting of 89.59 acres located at the northeast corner of Jewetta Avenue and Etchart Road; and, Annexation No. 537 consisting of 79.01 acres located north of Snow Road between Coffee Road and Calloway Road, south of Etchart Road to Ward 4. e. Adoption of Ordinance adding Section 17.04.367 (Large Retail Development definition), 17.04.502 (Retail Establishments definition), and 17.08.140 relating to architectural design standards and criteria for large retail developments. (FR 04/11/07) d. f. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 104-18) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-1/PUD (One Family Dwelling/Planned Unit Development) on 29.07 acres located at the southwest intersection of City Hills Drive and Vineland Road (future). (ZC 06- 1829) (Applicant: Mcintosh and Associates/Property Owner: Mountain View Bravo, LLC and S&J Alfalfa) (FR 04/11/07) Resolutions: g. Resolution authorizing the submittal of applications for all Used Oil Recycling and Household Hazardous Waste for Fiscal Years 2007/08 through 2011/12. h. Resolution adding the following territories 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. 1. Area 2-34 (Tubac, White SE) 2. Area 3-68 (Berkshire, Reliance SE) 3. Area 4-77 (Auburn, Fairfax NE) Sewer Connection Fee Assessments: 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Nunez Family Trust (co-trustees Joe M. Nunez and Ida M. Nunez), 137 Dunlap Street, to pay sewer connection fee in installments and notice of special assessment lien. Resolution of Intention No. 1444 to add territory, Area 4-52 (19th, Eye West) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. i. j. 2 City Council Meeting of 04/25/2007 12. CONSENT CALENDAR continued (Ward 1,3) (Ward 4) (Ward 4) (Ward 2) (Ward 7) (Ward 1) Agreements: k. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6333 Unit 2 located at the southeast corner of E. Panama Lane and S. Union Avenue. 2. Final Map and Improvement Agreements with Regent Land Investment, LLC and K. Hovnanian @ Rosemary Lantana, LLC for Tract 6498 Phase 2 located at the intersection of Panorama Drive and Masterson Street. I. Agreement with T -Mobile USA for replacement and relocation of the microwave communication system used by the City, at no cost to the City. m. Common Use Agreement with Rosedale Ranch Improvement District of the North Kern Water Storage District for an irrigation easement within Vega Meadows located at Renfro and Reina Roads. Specific Plan Lines for future Grade Separation Projects along the Burlington Northern Santa Fe Railway Company (BNSF) Mainline in northwest Bakersfield: 1. Agreement with County of Kern and Greater Bakersfield Separation of Grade District ($40,000) for the engineering, selection and adoption of the above mentioned Specific Plan Lines. 2. Appropriate $40,000 Transportation Development Fund Balance to the Public Works Department's Capital Improvement Budget to fund this agreement. Improvements on Sumner Street at the Burlington Northern Santa Fe Railway Company (BNSF) Mainline: 1. Reimbursement Agreement with BNSF Railway Company (not to exceed $132,000) for installation of concrete crossing surface on Sumner Street at the BNSF mainline. 2. Transfer $132,000 from various budgeted capital improvement projects within the Gas Tax Fund to fund this Agreement. Hosking Avenue Interchange at Highway 99: 1. Agreement with John Giumarra, Jr. and Terra Investments, Inc. to expedite design phase of Hosking Avenue Interchange. 2. Agreement with Parsons ($2,849,749.82) for engineering services for Project Approval and Environmental Documents Plans (PA&ED) and Specifications and Estimate (PS&E). Contract Change Order Nos. 1, 2 & 3 to Agreement No. 06-303 with Griffith Company ($32,639.95 increase, revised not to exceed $7,793,550.95) for Brundage Lane Sewer Replacement. n. o. p. q. Bids: Miscellaneous: r. Formation of a City Council Ad Hoc Committee to discuss the new train horn rule. (Report back to Council and sunset of committee no later than 09/12/07.) Staff recommends adoption of Consent Calendar items a through r. 3 City Council Meeting of 04/25/2007 (Ward 1) 13. CONSENT CALENDAR HEARINGS a. (Ward 4) Panama and Union Planned Sewer Area (Staff recommends adoption of resolution and ordinance) 1. Resolution adopting the Panama and Union Planned Sewer Area and making findings thereto. 2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. (FR 03/28/07) Allen Road II Planned Sewer Area (Staff recommends adoption of resolution and ordinance) 1. Resolution adopting the Allen Road II Planned Sewer Area and making findings thereto. 2. Adoption of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. (FR 03/28/07) c. Public Hearing to consider Resolution establishing industrial and commercial sewer service user surcharges for Fiscal Year 2007-08. (Staff recommends adoption of resolution.) b. 14. HEARINGS 15. REPORTS 16. DEFERRED BUSINESS 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT 4/17/074:00pm Respectfully submitted, 6D- (.) Sl:v-. {^ A( Alan Tandy City Manager 4 City Council Meeting of 04/25/2007 l AGENDA HIGHLIGHTS APRIL 25, 2007 COUNCIL MEETING REGULAR MEETING - 5:16 p.m. CLOSED SESSION Further discussion regarding the performance evaluation of the City Manager will take place. There will also be a conference with legal counsel regarding three cases of existing litigation. CONTINUATION OF REGULAR MEETING - 6:30 p.m. CONSENT CALENDAR Ordinances Item 12c. First Readina of an Ordinance addina a Section to the Municioal Code relatina to Redemotion Premiums for 1915 Act Bonds and Ratifvina Redemotion Premiums for Such Bonds. Assessment Districts are formed to assist developers in the financing of public improvements related to their projects. The City provides for issuance of bonds to finance those improvements. Associated costs are funded by the developer and the City is not obligated regarding repayment of the debt. In some cases, usually due to early repayment of property liens, the City will choose to payoff all or a portion of the bonds ahead of their maturity. When this happens, the Assessment District is charged a redemption premium on those bonds in addition to the regular interest due. This ordinance will allow the City to payoff bonds at lower rates, which will, in many cases, be passed onto the homeowners within Assessment Districts. Resolutions Item 12j. Resolution of Intention to Add Territory on the West Side of Eve Street. and North and South of 19tn Street to the Consolidated Mainten~nce District. This is part of the participation in the Maintenance District, which is required so the 19 Street streetscape project can move forward. Aareements Item 121. Aareement with T-Mobile USA for Reolacement and Relocation of the Microwave Communication Svstem at No Cost to the Citv. The City operates a fixed point-to-point microwave radio system that is utilized for the Public Safety Radio Communication System. The Federal Communications Commission reallocated and auctioned the frequencies to commercial enterprises for use by emerging technologies (cellular phones) known as Advanced Wireless Services ("AWS"). T-Mobile determined that the AWS systems may cause interference to the City's affected microwave paths. They asked the City to permanently vacate the paths and relocate its operation onto other available microwave frequencies. Pursuant to the FCC guidelines, T-Mobile is responsible for the entire cost to relocate the frequencies, including supplying new equipment. Agenda Highlights April 25, 2007 \ Page 2 Item 12n. Joint Acencies Acreement with Kern Countv and the Greater Bakersfield Seoaration of Grade District reaardinc Soecific Plan Lines for Future Grade Seoaration Proiects alonc the Burlincton Northern Santa Fe Railwav Comoanv lBNSF) Mainline in Northwest Bakersfield. The ultimate circulation element identifies three grade separations of the BNSF mainline which include Hageman Road, Renfro/Jenkins Road and Kratzmeyer Road. Development of Specific Plan Lines for these three future grade separations would define the ultimate facility and allow both the City and County to reserve necessary right-of-way prior to development, thereby saving taxpayer dollars. The proposed Joint Powers Agreement will cause Specific Plans Lines to be adopted for each proposed grade separation project whereby each agency will share equally in the cost ($40,000 per agency). Staff recommends appropriating $40,000 Transportation Development Fund Balance to the Public Works Department's Capital Improvement Budget to fund this Agreement. Item 12p. Aareements for the Hoskinc Avenue Interchanae at Hichwav 99. This item was previously scheduled for consideration at the April 11, 2007 Council meeting. Due to last minute requested changes, staff recommended continuing the item to this meeting. John Giumarra, Jr. and Terra Investments, Inc. are working with a developer to construct a 1,000,000 square foot commercial center north of Hosking Avenue, east of Highway 99 with restaurants, a hotel and several anchor tenants. The traffic associated with such a large development will require a freeway interchange. This interchange in on the City's construction list, although it was not slated to begin for five or six years. Staff proposes working in phases. Phase 1 provides that Giumarra and Terra convey property they currently own or have the power to convey which is needed for the Interchange. Phases 2 and 3 are outlined in the administrative report. Two agreements are presented here for approval to cover Phase 1. The first agreement is with Giumarra and Terra to expedite the design phase of the Interchange. The second agreement is with Parsons for engineering services for project approval and environmental documents plans (PA&ED), and specifications and estimates (PS&E) in the amount of $2,849,749.82. In September, 2006, Parsons was selected following an RFP process for this Interchange project. Item 12q. Contract Chance Order Nos. 1. 2 and 3 to Acreement No. 06-303 with Griffith Comoanv for the Brundaae Lane Sewer Reolacement for a $32.639.96 increase. for a revised not to exceed amount of $7.793.550.95. This project provides for replacement of a sewer line on Brundage Lane and on ilL" Street. Change Order No.1 provides for extending the trunk sewer replacement 93 lineal feet and for installing one additional manhole. Change Order NO.2 provides for additional labor needed to place the sewer pipe around unanticipated storm drain pipes. Change Order No. 3 provides for allowing the use of recycled aggregate base on a portion of the project. Miscellaneous Item 12r. Formation of a Citv Council Ad Hoc Committee to Discuss the New Train Horn Rule. New Federal regulations governing train horns went into effect June 24, 2005. Since then, the City has received a tremendous number of complaints, particularly in Wards 1 and 2. Council member Benham requested that an Ad-Hoc Committee be formed to address the issues raised, including the possibility of quiet zones. Staff recommends approval of the formation of this Committee, which would be comprised of Council members Benham and Carson, with appropriate staff and members of the community. ,i Agenda Highlights April 25, 2007 Page 3 CONSENT CALENDAR HEARINGS Items 13a. and 13b. Panama and Union. and Allen Road II Planned Sewer Areas. The ordinances for these projects were given first reading at the March 28, 2007 Council meeting. Resolutions establishing the Sewer Planned Areas were also approved at that time. These hearings will allow the public to comment on the associated fee, which is collected at the time of issuance of the building permit. The Allen Road II sewer trunk line project is currently under construction. Sewer Enterprise funds provided the initial costs. The fees collected on this project will be used to reimburse the Sewer Enterprise fund and to either construct the remainder of the system or to reimburse any developer that builds a portion of the system. The developers for both projects will only be reimbursed for that portion of the cost that is over their proportionate share of the cost of the system. Item 13c. Public Hearina to Consider a Resolution Establishina Industrial and Commercial Sewer Service User Surcharaes for Fiscal Year 2007-08. Sewer user charges and fees are established annually to cover the cost of operation and maintenance for the sewer treatment plants and for the existing sewer collection system. Commercial and industrial users represent manufacturing and most business entities. An annual flat rate sewer fee (reviewed annually) is collected with property taxes. In addition, a monthly surcharge is assessed if flow and sewer strength for commercial/industrial sewer users exceed the baseline amount. The adjustments to the surcharge schedule are calculated based on annual operating costs and capital improvement costs related to sewer/storm water collection systems and wastewater treatment plants. City staff is recommending an increase in the surcharge rates for Fiscal Year 2007-08. If approved, the surcharge rate will increase according to the schedule outlined in the administrative report. Approved: John W. Stinson Assistant City Manager ~ cc: Department Heads Rhonda Smiley, Public Information Officer City Manager's File City Clerk's Office News Media File ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Closed Session ITEM: ~ (l. TO: FROM: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD c5ZJS CITY ATTORNEY V~ CITY MANAGER ~ Virginia Gennaro, City Attorney DATE: April 12, 2007 SUBJECT: Public Employee Performance Evaluation - City Manager Closed session pursuant to Government Code section 54957(b)(1) VG:dll S:ICQUNCIL ICI SesslAdminsloa-Q7\02-2S-Q7PollitPotlnitCM-Eval.doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Closed Session ITEM: 4. b . TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 1/(J 1/(;- 6lff? April 17, 2007 SUBJECT: Conference with Legal Counsel - Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9. (3 cases): · Canyons, LLC, et al v. City Of Bakersfield Kern County Superior Court Case No. S-1500-CV-260175-AEW · DKS Investments, LLC, et al v. City of Bakersfield Kern County Superior Court Case No. S-1500-CV- 259731-LPE · John M. Tarabino, et al v. City of Bakersfield, et al KCSC Case No. S-1500-CV-257620-SPC VG:dll S:ICOUNCILICI SesslAdminsI06-07\04-2S-Q7Exislllt3cases .doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Presentations ITEM: (,t. . FROM: DATE: Mayor Harvey L. Hall April 13, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER TO: Honorable Mayor and City Council <J1h SUBJECT: Presentation by Mayor Hall of Proclamation to Mickey Sturdevant and Shirley Harris from Mothers Against Senseless Killings, proclaiming May, 2007, as "Let No Mother Lose A Child Month". RECOMMENDATION: BACKGROUND: ndw April 12, 2007, 12:30PM S:\MA YORIADMIN\2007\LET NO MOTHER LOSE A CHILD MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Presentations ITEM: q,b. TO: FROM: DATE: Honorable Mayor and City Council ~ED DEPARTMENT HEAD~ .._ CITY ATTORNEY CITY MANAGER (f2JS Mayor Harvey L. Hall April 13, 2007 SUBJECT: Presentation by Mayor Hall of Proclamation to Tony Martinez, Community Relations Specialist, City of Bakersfield, proclaiming May, 2007, as "Graffiti Awareness Month", RECOMMENDATION: BACKGROUND: ndw April 12, 2007, 12:29PM S:\MAYORIADMIN\2007\GRAFFITI AWARENESS MONTH.dot ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: l.;t . a. . TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City Clerk April 13, 2007 APPROVED DEPARTMENT HEAD ~ PI'<<-- CITY ATTORNEY CITY MANAGER 01J7 SUBJECT: Approval of minutes of the April 11, 2007 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: pi ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: I~.b. APPROVED DEPARTMENT HEAD ~ _ , CITY ATTORNEY ~ CITY MANAGER (j7,J) SUBJECT: Approval of department payments from March 30, 2007 to April 12, 2007 in the amount of $12,376,066.87 and self insurance payments from March 30, 2007 to April 12, 2007 in the amount of $126,475.98. TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director April 12, 2007 RECOMMENDATION: Staff recommends approval of payments totaling $12,502,542.85. BACKGROUND: RAR April 12, 2007, 3:26PM S:\Richard\AP\ADMIN-AP .doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: ,~. d. TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ April 9, 2007 CITY ATTORNEY I3rx4- CITY MANAGER ~ SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections ~ 1.12.030 and ~1.12.040 by adding Annexation No. 492 consisting of 80.98 acres, located west of Miramonte Drive, generally south of State Highway 178 to Ward 3, Annexation Nos. 482 consisting of 73.17 acres located on Brimhall Road, west of Jenkins Road and east of Heath Road, Annexation No. 501 consisting of 89.59 acres, located at the northeast corner of Jewetta Avenue and Etchart Road and Annexation No. 537 consisting of 79.01 acres, located north of Snow Road, between Coffee Road and Calloway Road, south of Etchart Road to Ward 4. (Wards 3 & 4) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 492, 482, 501 & 537 into the corresponding Council wards. These annexations were approved by LAFCO recently. Annexation No. 492 is located west of Miramonte Drive, generally south of State Highway 178. The 80.98 acre site is undeveloped. The site is designated for residential development. The property owner requested annexation for development purposes and to receive city services. Annexation No. 482 is located on Brimhall Road, west of Jenkins Road, east of Heath Road. The 73.17 acre site includes a park, a residential dwelling and undeveloped land. The property owners requested annexation for development purposes and to receive city services. Annexation No. 501 is located on the northeast corner of Jewetta Avenue and Etchart Road. The 89.59 acres site is undeveloped. The site is designated for residential development. The property owner requested annexation for development purposes and to receive city services. Annexation No. 537 is located north of Snow Road, between Coffee Road and Calloway Road, south of Etchart Road. The 79.01 acre site is undeveloped. The site is designated for residential development. The property owner requested annexation for development purposes and to receive city services. S:\Annexation\Ordinances\Admin draft 492, 482, 501 & 537 WARD.DOC ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM NO: i;;t. f.,. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director April 12, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ~ ~ ~ SUBJECT: Adoption of an ordinance adding Section 17.04.367 (Large Retail Development definition), 17.04.502 (Retail Establishments definition), and 17.08.140 relating to architectural design standards and criteria for large retail developments. (All wards) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on April 11, 2007. The standards will apply to all new large retail developments throughout the city over 50,000 square feet as either a single building or the combined size of multiple abutting buildings of a retail center. It will affect retail development within all commercial zones, and other zones where the development permits retail commercial development, such as industrial and recreation zones. The ordinance will also apply to expansions of existing retail centers if their size increases 50 percent or more as a single expansion or cumulatively since the adoption of this ordinance. The standards will lessen the visual bulk of these centers and enhance the overall character of the community. They also incorporate use of usable publiC open spaces and protected pedestrian ways to create a sense of place and encourage walkability both internally in the center and from adjacent neighborhoods. The ordinance's major features include the following: . Architectural character and design - require building facades be broken visually with the use of projections, recesses, variations in roof design, and use of contrasting colors and masonry features. . Require covered entries, windows, and pedestrian arcades along street frontages. . Parking lot design - require parking areas to be screened from being the predominate street scene and to be divided into smaller sections with pedestrian walkways and buildings. . Pedestrian circulation - require continuous landscaped pedestrian links throughout a center. . Community Space - require public open spaces or focal points such as plazas and water features with appropriate pedestrian links. The Planning Commission unanimously approved this ordinance on March 1, 2007. Apri/5. 2007, 4:13PM S:lDana\ADMINSI2OO7\Apt\LBrge relllil stds Admin Report - 2nd reading.doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: I g.,.f. TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD April 12, 2007 CITY ATIORNEY CITY MANAGER APPROVED ~.r- fJ1n4 01J) SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No.1 04-18) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-1/PUD (One Family Dwelling/Planned Unit Development) zone on 29.07 acres located at the southwest intersection of City Hills Drive and Vineland Road (future). (ZC # 06-1829 - Mcintosh and Associates, representing Mountain View Bravo, LLC and S&J Alfalfa) (Ward 3) RECOMMENDATION: Staff recommends adoption of ordinance. , BACKGROUND: First reading of the ordinance was given on April 11, 2007. On February 15, 2007, the Planning Commission held an advertised public hearing on this zone change request, and recommend adoption by the City Council. The zone change request consists of changing the zoning from R-1 (One Family Dwelling) to R-1/PUD (One Family Dwelling/Planned Unit Development) zone on 29.07 acres. The site is proposed for development of a small lot, single family, Planned Unit Development (PUD). The PUD's preliminary development plan was approved by the Planning Commission on February 15, 2007. The PUD will contain shared driveways and will allow lots as small a 5,000 sq ft. No one spoke in opposition to the project at the Planning Commission hearing. The zone change is within a portion of Vesting Tentative Tract No. 6696. This tract was also approved by the Planning Commission on February 15, 2007. The tract contains 139 single family lots, 1 landscape lot, a 2.5 acre private park, and a 16.78 acre designated remainder. The park and designated remainder are situated on property zoned R-2 (Limited Multiple-Family). The site is currently undeveloped. Based upon the previously adopted City in the Hills Environmental Impact Report prepared for Concurrent General Plan Amendment/Zone Change (GPA/ZC No. P99-o647) and the Negative Declaration prepared for GPA/ZC No 05-1271 which covers the southern portion of the project site, staff determined the proposed project will not significantly affect the physical environment or existing residential development in the area. No further environmental review is necessary pursuant to CeaA section 15162. A Notice of Determination was filed following the Planning Commission's approval of all three projects. Staff recommends approval of the zone change. April 5, 2007, 3:55PM w1awson I S:\Dana\ADMINS\2007\Apr\4-25-1829 2.doc ADMINISTRA liVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: IJ..(A. J TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED DEPARTMENT HEAD /) '(" ,/ 8' . CITY ATTORNEY~ CITY MANAGER GlJ7 March 9,2007 SUBJECT: Resolution authorizing the submittal of applications for all Used Oil Recycling and Household Hazardous Waste for Fiscal Years 2007/2008 through 2011/2012. RECOMMENDATION: Staff recommends approval of the Resolution. BACKGROUND: With Council approval, in 2001 the City of Bakersfield began a curbside used oil recycling program. This program provides recycling services for used motor oil and used oil filters. The program is completely funded by an annual block grant from the California Integrated Waste Management Board (CIWMB). The Oil Grant provides $70,000 to $80,000 in funding annually. This services approximately 5,500 participants. Previously, a resolution and grant applications were required to be submitted on a yearly basis. In an effort to streamline the process, the CIWMB now accepts resolutions that authorize up to 5 years of grant application submittals (pursuant to the California Oil Recycling Enhancement Act). The proposed resolution extends, for 5 years, our ability to apply for this grant and other similar grants, including all household hazardous waste grants available under the California Integrated Waste Management Act. April 16, 2007, 3:08PM G:\GROUPDA T\ADMINRPT\ADMINFORM.doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: IJ.. h. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ///!. {{, L-- ~ n7JJ3 April 12, 2007 SUBJECT: Resolutions adding the following territories 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. (Wards 3, 6) 1. Area 2-34 (Tubac, White SE) 2. Area 3-68 (Berkshire, Reliance SE) 3. Area 4-77 (Auburn, Fairfax NE) RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: On April 11, 2007 the Council adopted Resolution of Intention No's. 1528,1529 -and - 1530 to add the above territories to the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of parks and street landscaping. The areas will be under park and/or streetscape zones of benefit and will be assigned the appropriate tier levels when parks and/or street landscaping have been installed. The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received letters from the owners of the properties described above which waive the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owners also have submitted Proposition 218 ballots indicating their 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, covenant have been drafted and will be supplied to the sUbdivider(s)/developer(s) to be recorded with the subdivision maps. April 25_Est.dot ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: i~.i. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED , );8/ DEPARTMENT HEAD ,.. /It'------ CITY ATTORNEY ~ CITY MANAGER 6ZJ7 April 3, 2007 SUBJECT: Sewer Connection Fee Assessments (Ward 1): 1. Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Nunez Family Trust - co-trustees Joe M. Nunez and Ida M. Nunez, 137 Dunlap Street, to pay sewer connection fee in installments and notice of special assessment lien. RECOMMENDATION: Staff recommends adoption of Resolution and approval of agreement. BACKGROUND: The owners of the property at 137 Dunlap Street has connected their property to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee the City has contracted with the property owners to spread the connection fee over a three (3) year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.390.B. This resolution authorizes the Kern County Tax Collector to collect the connection fee in three equal payments over the next three years. de S:\PROJECTS\SewerConFee\Admin\ 137 _Dunlap_doc April 3, 2007, 10:44AM ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: 1;2.. i. u TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 3, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED If: ilt" \. }?;i4 (jlJ; SUBJECT: Resolution of Intention No. 1444 to add territory, Area 4-52 (19th, Eye W) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of two parcels identified with assessor's tax numbers (ATNs) 005-491-06-00-3 and 006-011-04-00-4, to be included in the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping. Area 4-52 generally consist of said two parcels is located on the west side of Eye Street and to the north and south of 19th Street. This area will be under the streetscape zone of benefit and will be assigned appropriate tier levels when street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the owner/developer to be recorded with the property. A copy of this covenant is attached for reference. de April 3, 2007, 7:44AM S:\PROJECTS\MAINDIST\ADMINRPT\MD4-S2Ri06.dot ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: \J. k . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED DEPARTMENTHE~~ CITY ATTORN 'dfi?~bH:5 CITY MANAGER April 6, 2007 SUBJECT: Tract Maps and Improvement Agreements 1. Final Map and Improvement Agreements with Lennar Homes of California, INC., for Tract 6333 Unit 2 located at the southeast corner of East Panama Lane and South Union Ave. (Ward 1) 2. Final Map and Improvement Agreements with Regent Land Investment, LLC and K. Hovnanian @ Rosemary Lantana, LLC for Tract 6498 Phase 2 located on the intersection of Panorama Drive and Masterson Street. (Ward 3) RECOMMENDATION: Staff Recommends approval of the maps and agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for the Subdivision Map. Such improvements include, but are not limited to streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN THE CITY CLERK'S OFFICE FOR REVIEW. rs April 11, 2007, 2:47PM G:\GROUPDAl\ADMINRPT\2007\04-25\Map and Improvement AGR .doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: 1.;1.. t . A7TVED DEPARTMENT HEAD _ I/l / CITY ATTORNEY ;}'- CITY MANAGER <:flu7 SUBJECT: Agreement with T-Mobile USA, Inc. for replacement and relocation of the microwave system used by the City at no cost to the City. (All Wards) TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director April 11, 2007 RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: This Agreement is between the City of Bakersfield and T-Mobile USA, Inc. The City of Bakersfield operates a fixed point-to-point microwave radio system on frequencies within the 2110 to 2155 MHz band that is utilized for the City of Bakersfield's Public Safety Radio Communication System. The Federal Communications Commission, pursuant to ET Docket No. 00-258, reallocated and auctioned the 2110 to 2155 MHz microwave frequencies, including those used by the City of Bakersfield for the Affected Paths, to commercial enterprises for use by emerging technologies (cellular phones) known as Advanced Wireless Services ("AWS"). . T-Mobile has determined that the AWS systems may cause interference to the City of Bakersfield's affected microwave paths and requested the City of Bakersfield to permanently vacate the paths and relocate its operation onto other available microwave frequencies. Pursuant to the FCC guidelines, T- Mobile is responsible for the entire cost .to relocate the frequencies, including supplying new equipment. This agreement outlines the requirements of T-Mobile USA, Inc. to provide engineering for system design, purchase, supply and installation of equipment, and testing of the system at no expense to the City of Bakersfield. The City will benefit by having the current microwave channels moved to the 10/11 GHz frequency band with equipment that will provide 672 channel capacity and dual redundancy for the microwave system. . The City shall not be required to abandon the old frequencies until the new equipment is installed and tested to City's satisfaction. The installation is scheduled to be complete by September 30,2007. mp G:\GROUPDA T\ADMINRPT\2007\04.25\T -Mobile. doc April 17, 2007, 9:40AM ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: 1J..m. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER AP~OVED /J(/ if i G' ?i:- ~ April 12, 2007 SUBJECT: Common Use Agreement between the City of Bakersfield and the Rosedale Ranch Improvement District of the North Kern Water Storage District for an irrigation easement within Vega Meadows, Renfro and Reina Roads (Ward 4) RECOMMENDATION: Staff recommends approval of the Common Use Agreement. BACKGROUND: The developer of Tract 6453, located south of Reina Road and west of Allen Road, is required to widen Allen Road, Renfro Road and Vega Meadows Road adjacent to his subdivision. He will also replace the Water Storage District's existing irrigation canal with a pipeline which will be located within the right of way of these roads. Upon acceptance of the street and improvements, the City and District will own easements and improvements which occupy the same space. This Agreement consents to and establishes the guidelines for the construction, reconstruction, maintenance and use of the easements and improvements. mps April 13, 2007, 8:12AM G:\GROUPDAT\ADMINRPT\2007\04-25\North Kern Common Use T 6453.doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: tl.n. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director 'i~PROVED DEPARTMENT HEAD l~~. CITY ATTORNEY ~ CITY MANAGER 61u7 April 12, 2007 SUBJECT: Specific Plan Lines for Future Grade Separation Projects along the Burlington Northern Santa Fe Railway Company (BNSF) Mainline in Northwest Bakersfield (Ward 4): 1. Joint Agencies Agreement with the County of Kern and the Greater Bakersfield Separation of Grade District ($40,000) for the Engineering, Selection and Adoption of Specific Plan Lines for Future Grade Separation Projects along the BNSF Mainline in Northwest Bakersfield. 2. Appropriate $40,000 Transportation Development Fund Balance to the Public Works Department's Capital Improvement Budget to fund this Agreement. RECOMMENDATION: Staff recommends approval of Agreement and appropriation. BACKGROUND: Northwest Metropolitan Bakersfield is experiencing rapid growth. The ultimate circulation element identifies three grade separations of the BNSF mainline which include Hageman Road, Renfro/Jenkins Road and Kratzmeyer Road. Development of Specific Plan Lines for these three future grade separations would define the ultimate facility and allow both the City and Kern County to reserve necessary right of way prior to development, thereby saving taxpayer dollars. The proposed Joint Powers Agreement will cause Specific Plans Lines to be adopted for each proposed grade separation project whereby each agency will share equally in the cost ($40,000 per agency). In order for the City to apply for grant dollars for grade separation, a specific plan is required for these grade separations. These grade separ~tion projects will help to alleviate traffic congestion in the future. Staff recommends approval of the agreement and appropriation of fund balance. Is April 16, 2007, 3:45PM G:\GROUPDA T\ADMINRPT\2007\04-25\JAA_BNSF-grade-separation-SP-lines in NW Metro.doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: 1;;1. o. TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED DEPARTMENT HEADC-'j( -{~(_ t./---.- CITY ATTORNEY 'J~ CITY MANAGER M April 12, 2007 SUBJECT: Improvements on Sumner Street at the Burlington Northern Santa Fe Railway Company (BNSF) Mainline (Ward 2): 1. Reimbursement Agreement with BNSF Railway Company (not to exceed $132,000) for installation of concrete crossing surface on Sumner Street at the BNSF mainline. 2. Transfer $132,000 from various budgeted capital improvement projects within the Gas Tax Fund to fund this Agreement. RECOMMENDATION: Staff recommends approval of Agreement and transfer. BACKGROUND: BNSF plans to improve its mainline tracks in East Bakersfield. BNSF approached city staff and offered to install new concrete surfacing at the Sumner Street crossing at the same time the tracks are improved contingent on the City paying for the material. The existing condition of the at-grade crossing is very rough. Staff considers the BNSF offer favorable since the installation will be done at BNSF's cost. This agreement reimburses BNSF for the costs of the materials. Staff recommends transferring funds from other budgeted capital projects within the Gas Tax Fund to pay for this work. The following projects are proposed for the fund transfer: T6K101 T6K102 Street Light Replacement $ 100,000 St Lights-Wood Pole Replacement $ 25,000 Funds are available within these two projects since staff will be unable to complete these projects this fiscal year due to time constraints. The remaining $7,000 will come from one of the miscellaneous construction projects identified in the CIP. Staff recommends approval of the reimbursement agreement and transfer of funds. April 13, 2007, 9:12AM G:\GROUPDA T\ADMINRPT\2007\04-25\BNSF _ Sumner-Street.doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: I~.D. , TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director DEPARTMENT HEAD APPROVED ~ I ""~' '.'.'.;~~.. ': CITY ATTORNEY >;,.t9-j CITY MANAGER 1/ 6lw SUBJECT: Hosking Avenue Interchange at Highway 99 0Nard 7): April 12, 2007 1. Agreement with John Giumarra, Jr. and Terra Investments, Inc. to Expedite Design Phase of Hosking Avenue Interchange. 2. Design Consultant Contract ($2,849,749.82) with Parsons for Engineering Services for Project Approval and Environmental Documents Plans (PA&ED), and Specifications and Estimate (PS&E). RECOMMENDATION: Staff recommends approval of agreements. BACKGROUND: Subject 1. John Giumarra, Jr. and Terra Investments, Inc. own, or have options on, property on the east side of Highway 99, north and south of Hosking Avenue. They are working with a developer to construct a 1,000,000 square foot commercial center with restaurants, a hotel and several anchor tenants on the property north of Hosking Avenue and east of Highway 99. The traffic associated with such a large development will require an interchange to be constructed at Hosking Avenue and Highway 99. The interchange at Hosking Avenue and Highway 99 is currently on the City's list of interchanges to be constructed, but was not slated to begin for five or six years. Giumarra and Terra have requested that the City expedite the construction of the interchange to enable the potential anchor tenants of the commercial center to be assured the interchange will be built when the center construction is completed and ready for occupancy. To ensure neither party is put at financial risk, staff has proposed working in phases. This agreement covers Phase 1. In Phase 1, Giumarra and Terra will convey to the City property they currently own or have the power to convey which is needed for the interchange (approximately 17 acres). In exchange, the City will let the design consultant agreement. However, the design consultant will not be given a notice to proceed with the design until escrow closes on the property being conveyed to the City. Phase 2 contemplates Giumarra, Terra and the developer applying for all land entitlements and environmental clearances needed for the development. As certain milestones are met by Giumarra, Terra and the developer, the City will set aside set sums of money for the interchange construction. While the entitlements are being processed, Giumarra and Terra will be working to acquire the other properties needed for the interchange. As the properties are acquired by Giumarra and Terra, they will be conveyed April 12, 2007, 1:16PM G:\GROUPDA T\ADMINRPT\2007\04-25\Admin Rpt Hoskinginterchange.doc ADMINISTRATIVE REPORT to the City. Giumarra and Terra will receive traffic impact fee credits for the value of the land conveyed in Phase 2. Additionally, Giumarra, Terra and the developer will commission a revenue/job creation study linked to the development. Phase 3 occurs if and when all entitlements and environmental clearances are received. At that time, the City will request final approval of the interchange from Caltrans, bid the construction contract and the interchange construction will begin. This phasing of the project ensures that the City is not committing much-needed road construction dollars prematurely. Subject 2. In June 2006, California Department of Transportation (Caltrans) completed a Project Study Report for a new interchange at Highway 99 and Hosking Avenue. In September 2006, the City issued a Request for Technical and Fee Proposals for the PA&ED and PS&E for the interchange at Hosking Avenue and Highway 99. The Request resulted in two submittals from qualified Design Consultants. After evaluations of all submittals and fee proposals, staff recommends that this project be awarded to Parsons. Typically, a Request for Technical and Fee Proposals would be issued for PA&ED and PS&E separately. However, since time is of the essence to meet the developer's schedule, staff has recommended combining the two phases into one agreement to expedite the project. April 12, 2007, 1:16PM G:\GROUPDAT\ADMINRPT\2007\04-25\Admin Rpt Hoskinginterchange.doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: ~. TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED ."1'(" ./ " r ",- ~ April 12, 2007 SUBJECT: Contract Change Order Nos. 1, 2, & 3 to Agreement 06-303 with Griffith Company ($32,639.95 increase for a revised not to exceed amount of $7,793,550.95) for Brundage Lane Sewer Replacement. 0Nard 1) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: This project provides for replacement of a sewer line on Brundage Lane and on ilL" Street. Change Order No. 1 provides for extending the trunk sewer replacement 93 lineal feet and for installing one additional manhole. The sewer extension became necessary because the end of the deteriorated sewer line further north than originally anticipated. This also necessitated the installation of an additional manhole in order to provide a bypass point for the existing flow of sewage during construction operations. The contractor has agreed to do this additional work for the lump sum price of $26,985.19. Change Order NO.2 provides for additional labor needed to place the sewer pipe around unanticipated storm drain pipes. These older storm drain pipes were not discovered during the design phase of the project. These pipes present an unanticipated obstacle to the contractor which will result in additional ,labor cost to install the sewer pipe while protecting the existing storm drain. The contractor has agreed to accept a lump sum of $7,800 for this item. Change Order NO.3 provides for allowing the use of recycled aggregate base on a portion of the project. The contractor delivered and placed this product on the project by mistake. While this material is not what was specified for the project, the contractor has provided test data that indicates that the recycled aggregated base meets the minimum standards. The contractor has agreed to provide the City a credit in the amount of ($2,145.24) for allowing the recycled aggregate base to remain in place. These are the first three change orders to be submitted for this project. These change orders will increase the project total by $32,639.95 (which is an increase of 0.04% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $7,760,911.00 $7,793,550.95 $ 32,639.95 . = = Sufficient funds are budgeted to cover this contract change order. G:\GROUPDATlADMINRPT\2007\04-25\CCO 1-3 Brundage Sewer Project,doc RM ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Consent Calendar ITEM: I;). r. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED va v& ((7J7 April 12, 2007 SUBJECT: Formation of a City Council Ad Hoc Committee to discuss the new train horn rule. RECOMMENDATION: Staff recommends the formation of a City Council Ad-Hoc Committee to discuss the new train horn rule. BACKGROUND: New Federal regulations governing train horns went into effect on June 24,2005. Since then, the City has received a tremendous number of complaints. The noise has impacted many areas of town but particularly residents in Wards 1 and 2. At the last City Council meeting, several residents expressed their concerns regarding the noise from train horns as a result of the new train horn rule. Councilmember Benham requested that an Ad-Hoc Committee be formed to address the myriad of issues that confront the City on the subject, including the possibility of quiet zones. Therefore, Staff recommends that the City Council approve the formation of an Ad-Hoc Committee comprised of Councilmembers Benham and Carson to explore the issue with appropriate City Staff and members of the community and to report back to the full Council as soon as possible, but in no event later than September 12, 2007. MR:dll April 12, 2007, 2:46PM S;ICOUN<;IL IAdminsl06-07 AdminslTrsinHomAdHocComm.doc ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Heori ng5 ITEM: 1.3.0... TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director APPROVED /1// DEPARTMENT HEAD IF t. __ U CITY ATTORNEY 9f CITY MANAGER 0hJ7 April 12, 2007 SUBJECT: Panama and Union Planned Sewer Area (Ward 1): 1. Resolution of the City of Bakersfield Adopting the Panama and Union Planned Sewer Area and Making Findings Thereto. 2. Adoption of an Ordinance of the Council of the City of Bakersfield amending Section 16.32.060 of the Bakersfield Municipal Code relating to Sewer Facilities. (Second reading) ~ECOMMENDATION: Staff recommends adoption of the Resolution and the Ordinance. BACKGROUND: The City has prepared a master sewer study for an area generally bounded by the Panama Lane on the north, % mile east of Cottonwood Road on the east, Union Ave on the west, and Hosking Ave on the south. As part of this study, the City has preliminarily designed the "backbone" sewer system to serve this area and prepared a cost estimate for the construction of the system. The Subdivision Map Act allows the formation of a Planned Sewer Area as a means of collecting fees for purposes of defraying the actual or estimated cost of constructing these planned facilities. The cost of the system is fairly apportioned to the property on an "Equivalent Dwelling Unit" (EDU) basis for residential property and on a per acre basis for commercial property. This fee is collected at the time of issuance of the building permit. A developer has constructed this "backbone" system to provide sewer service to his development. The funds collected as new and existing parcels within the area develop will be used to reimburse this developer for the cost of their portion of the project. The developer would only be reimbursed for that portion of their installed cost that is over their proportionate share of the cost of the system. This resolution approves the boundaries of the Area, the cost of the improvements and the assessment fee schedule. This ordinance adds the Panama and Union Planned Sewer Area to the list of Sewer Areas for which developers and residents are charged at time of development or connection to pay the cost of constructing the sewer facilities. mps G:\GROUPDATlADMINRPT\2007\04-25\Panama Union PSA adopt.DOC 4/12/200710:59AM ADMINISTRATIVE REPORT MEETING DATE: Apri/25, 2007 AGENDA SECTION: He.arings ITEM: 13 h TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APRROVED //(C (J~ , <)1US March 7, 2007 SUBJECT: Allen Road II Planned Sewer Area (Ward 4): 1. Resolution Adopting the Allen Road II Planned Sewer Area and Making Findings Thereto. 2. Adoption of an Ordinance amending Section 16.32.060 of the Bakersfield Municipal Code relating to Sewer Facilities. (Second reading) RECOMMENDATION: Staff recommends adoption of the Resolution and the Ordinance. BACKGROUND: First reading of the Ordinance was given on March 28,2007. The City is extending the Allen Road trunk sewer line from Rosedale Highway to Noriega Road. The City prepared a master sewer study and designed the "backbone" sewer system for this area. This area is generally bounded by Reina Road on the north, Old Farm Road on the east, Rosedale Highway on the south and Pharfield Street/Jenkins Road on the west. This sewer trunk line project is currently under construction. Sewer Enterprise funds provided the upfront costs. Establishing the Allen Road II Planned Sewer Area (PSA) allows the City to recoup the actual cost of constructing this sewer line. As new and existing parcels develop within this area, the PSA fee will be collected with the building permits. The fees collected will be used to reimburse the Sewer Enterprise fund and will also be used to either construct the remainder of the system or to reimburse any developer that builds a portion of the system. The developer will only be reimbursed for that portion of the cost that is over their proportionate share of the cost of the system. This Resolution approves the boundaries of the area, the cost of the improvements, and the assessment fee schedule. This amendment to the Ordinance adds the Allen Road II Planned Sewer Area to the list of sewer areas. This allows the City to collect PSA fees from developers and residents at either the time of development or connection to the City sewer system to pay their proportionate share of constructing sewer facilities. mps March 14, 2007, 3:23PM G:\GROUPDAT\ADMINRPT\2007\04-25\Allen II PSA adopt.DOC ADMINISTRATIVE REPORT MEETING DATE: April 25, 2007 AGENDA SECTION: Hearings ITEM: I.~. c. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director March 26, 2007 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED 11 /l/~ (j /1JU 0l.J7 SUBJECT: Hearing to consider a resolution establishing industrial and commercial sewer service user surcharges for Fiscal Year 2007-08 (Wards 1-7). RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: Sewer user charges and fees are established annually pursuant to Section 14.12.380 of the Bakersfield Municipal Code to cover the cost of operation and maintenance for the sewer treatment plants and for the existing sewer collection system. Commercial and industrial users represent manufacturing and most business entities. An annual flat rate sewer fee (reviewed annually) is collected with property taxes by the Kem County Tax Collector pursuant to the Bakersfield Municipal Code. In addition, a monthly surcharge is assessed if flow and sewer strength for commercial/industrial sewer users exceed the baseline amount. The adjustments to the surcharge schedule are calculated based on annual operating costs and capital improvement costs related to sewer/storm water collection systems and wastewater treatment plants. City staff is recommending an increase in the surcharge rates for Fiscal Year 2007-08. If approved, the surcharge rate will increase according to the following schedule. SurcharQe Schedule - Commercial and Industrial This schedule shall apply to the commercial and industrial users with flow, biochemical oxygen demand (BOD), and total suspended solids (TSS) greater than the flat rate limits. The surcharge for the excesses shall be as follows: Flow Biochemical Oxygen Demand (BOD) Total Suspended Solids (TSS) $1,159.76/million gallons (17. 7% increase) $74.99/1000 pound (4.2% increase) $77.80/1000 pound (2.4% increase) Note - Flow will be estimated based on water consumption records during the three (3) winter months from December to February. This is to adjust for water used for irrigation that will not flow into the sewer system. G:\GROUPDAT\ADMINRPT\2007\04-25\Admin Rpt 07-08 Industrial-Commercial Users.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF APRIL 11, 2007 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5: 15 p.m. ACTION TAKEN 1. ROLL CALL Present: Mayor Hall Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan, Scrivner Absent: None. Assistant City Clerk Gafford announced item 12.s. has been removed from the agenda at the request of staff. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). Motion by Vice-Mayor Hanson to adjourn the meeting to Closed Session at 5:17 p.m. APPROVED Motion by Councilmember Benham to adjourn from Closed Session at 6:43 p.m. APPROVED Bakersfield, California, April 11, 2007 - Page 2 RECONVENED MEETING - 6:45:00 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Scrivner Absent: None. Assistant City Clerk Gafford announced item 12.s. has been removed from the agenda at the request of staff. 6. INVOCATION by Pastor Tyree Toliver, Jr., St. John Baptist Church. 7. PLEDGE OF ALLEGIANCE by Elias Salas, 4th Grade Student at Horace Mann School. Mayor Hall acknowledged a Bakersfield College political science class in attendance at the meeting. 8. CLOSED SESSION ACTION Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Section 54957(b)(1). 9. PRESENTATIONS a. a. Presentation by Mayor Hall of Proclamation to Lupe Perez, VictimlWitness Probation Supervisor, Kern County Probation Department, proclaiming April 22 - 28,2007, as National Crime Victims Week. Ms. Perez accepted the Proclamation, introduced the Kern County Probation Department's Victim Witness Unit staff members Ramon Jaquez Jr., Angela Esquibel and Jennifer Warmedan, submitted written material and made comments. b. Presentation by Mayor Hall of Proclamation to Barbara Norcross, Golden Empire Association of REALTORS, and Patricia Richter, City Economic & Community Development Department, proclaiming April, 2007 as Fair Housing Month. Ms. Norcross accepted the Proclamation and made comments. ACTION TAKEN NO REPORTABLE ACTION Bakersfield, California, April 11 , 2007 - Page 3 10. PUBLIC STATEMENTS a. Dean Gardner, who provided handouts, Ruth Gardner, Ben Dominguez, Nora Dominguez and Don Clark, on behalf of the Executive Director of the Bakersfield Rescue Mission, Dan Gorman, 40 staff members at the Mission and the 300 guests at the Mission, spoke regarding creation of a Quiet Zone, or Partial Quiet Zone, near railroad crossings in the East Bakersfield/Downtown area. Councilmember Benham requested the following: . Staff to reinitiate discussions with Mr. Haygood and include community members in the dialogue . Form an Ad Hoc Committee to address the issue . Follow up with her after the meeting regarding formation of the Ad Hoc . Assure contact information for speakers is retained . Requested citizens who spoke act as a conduit to concerned citizens including the Manager of the Holiday Inn Select . City Attorney to provide a brief summary update of the study being performed (City Attorney Gennaro responded.) . Staff to enlist the aid of RCL in addressing the most heavily impacted area in East Bakersfield . Staff to provide a link on the City website regarding the issue 11. APPOINTMENTS a. Two appointments to the Bakersfield Redevelopment Agency due to the expiration of terms of Frederick Prince and Larry Koman, terms expiring April 22, 2007. Motion by Vice-Mayor Hanson to reappoint Frederick Prince and Larry Koman to four year terms expiring April 22, 2011, on the Bakersfield Redevelopment Agency. 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the March 19, 2007 Joint City/County Meeting and the March 28, 2007 Regular City Council Meeting. ACTION TAKEN APPROVED Bakersfield, California, April 11, 2007 - Page 4 12. CONSENT CALENDAR continued Payments: b. Approval of department payments from March 16, 2007 to March 29, 2007 in the amount of $10,330,482.51 and self-insurance payments from March 16, 2007 to March 29, 2007 in the amount of $196,471.74. Ordinances: c. d. First Reading of Ordinance adding Section 17.04.367 (Large Retail Development definition), 17.04.502 (Retail Establishments definition), and 17.08.140 relating to architectural design standards and criteria for large retail developments. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 104-18) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R- 1/PUD (One Family Dwelling/Planned Unit Development) zone on 29.07 acres located at the southwest intersection of City Hills Drive and Vineland Road (future). (ZC 06-1829) (Applicant: Mcintosh and Associates/Property Owner: Mountain View Bravo, LLC and S&J Alfalfa) e. Adoption of Ordinance amending Municipal Code Section 1.12.040 by adding Annexation No. 486 consisting of 106.66 acres located north of Snow Road, west of Allen Road; Annexation No. 495 consisting of 60.88 acres located north of Reina Road to Kratzmeyer Road, west of Allen Road; and, Annexation No. 535 consisting of 82.25 acres located south of Snow Road, west of Allen Road to Ward 4. Resolutions: f. Resolution authorizing the filing of an application with Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2007-08 ($141,392) to be utilized for maintenance of Bakersfield Amtrak Station during said fiscal year. ACTION TAKEN ASS WEIR FR FR ORD 4426 RES 069-07 Bakersfield, California, April 11, 2007 - Page 5 12. CONSENT CALENDAR continued ACTION TAKEN g. Resolution supporting State Assembly Bill 1 04 RES 070-07 (Solario) concerning access to criminal records. h. Resolution supporting Senate Bill 456 (Feinstein) RES 071-07 concerning gang abatement and prevention. i. Resolution supporting the Kern Council of RES 072-07 Governments Program of Projects recommended for the State Transportation Improvement Program (STIP) Augmentation Program. j. Resolution approving the application for grant funds RES 073-07 ($150,000) for Land and Water Conservation Fund ASS COUCH for Reforestation in Central Park as an element of the Mill Creek Linear Park Project. k. Resolutions adding the following territories 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. 1. Area 4-75 (Miramonte, 178 NE) RES 074-07 2. Area 4-76 (Morning, Mandarin N) RES 075-07 3. Area 5-35 (Planz, Coy S) RES 076-07 I. Resolution of Intention No. 1528 to add territory, RO/1528 Area 2-34 (Tubac, White SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Resolution of Intention No. 1529 to add territory, RO/1529 m. Area 3-68 (Berkshire, Reliance SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. n. Resolution of Intention No. 1530 to add territory, RO/1530 Area 4-77 (Auburn, Fairfax NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Bakersfield, California, April 11 , 2007 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN Agreements: o. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements AGR 07-111 with Rio Bravo Heights, LLC for Tract 5516 AGR 07-112 Phases 3 thru 6 located at the southeast AGR 07-113 corner of Vista Grande Drive and De La AGR 07-114 Guerra Terrace. 2. Final Map with Lakshmana O. Arasu and Susila Arasu for Tract 6254 located north off Brimhall Road and east of Jewetta Road. 3. Final Map with Beazer Homes Holding Corp. AGR 07-115 for Tract 6553 Phase 1 located at the AGR 07-116 northeast intersection of Berkshire Road and Mountain Ridge Drive. 4. Final Map with Stuart Thomas Inc., dba AGR 07-117 AGR 07-118 Lenox Homes, for Tract 6611 located north off E. Berkshire Road and east of S. Union Avenue. AGR 07-119 p. Assignment of Agreement No. 04-142 with Bob Hooper to Clinton Bridges for ground lease of Hangar Space B-10 at the Bakersfield Municipal Airport. q. Relocation of East Niles Community Services District Waterline: 1. Reimbursement Agreement with East Niles AGR 07-120 Community Services District ($550,000) for cost of utility relocation for State Route 178 interchange project at Fairfax Road. 2. Appropriate $550,000 other agency share to the Public Works Department Capital Improvement Budget within the Thomas Roads Improvement Program Fund. Agreement with Arvin-Edison Water Storage District AGR 07-121 r. for a license to encroach on right of way for the Colony Street Bridge. Bakersfield, California, April 11, 2007 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN s. Hosking Avenue Interchange at Highway 99: REMOVED 1. Agreement with John Giumarra, Jr. and Terra Investments, Inc. to expedite design phase of Hosking Avenue Interchange. 2. Design Consultant Agreement with Parsons ($2,849,749.82) for engineering services for Project Approval and Environmental Documents Plans (PA&ED) and Specifications and Estimate (PS&E). t. Amendment No. 1 to Agreement No. 04-236 with AGR 04-236(1) Borton, Petrini & Conron, LLP ($75,000; total not to exceed $150,000) for legal services for the acquisition of offsite real property interest (Masterson Street alignment). u. Amendment No. 1 to Agreement No. 06-368 AGR 06-368(1) (formerly known as Agreement No. CA06-014) ASS WEIR with Clifford & Brown for outside legal services in the matter of John M. Tarabino, et ai, KCSC Case No. S-1500-CV-257620-SPC, adding the matter of Canyons, LLC, et al v City, S-1500-CV-260175- AEW. v. Amendment No. 1 to Agreement No. 06-102 with AGR 06-102(1) Safeway Sign Company ($65,000; revised not to exceed $130,000 and extending the term for one(1) year) for traffic signs. w. Subdivision Plan Checking Services: 1. Amendment No.2 to Agreement No. 06-019 AGR 06-019(2) with Willdan ($300,000; total not to exceed $480,000) to provide plan checking services. 2. Appropriate $300,000 additional plan check and construction inspection revenue to the Public Works Department Operating Budget within the Development Services Fund. x. Contract Change Order No. 1 to Agreement No. 06- AGR 06-260 CC01 260 with Griffith Company ($36,364.89 increase; revised not to exceed $1,617,945.89) for Akers Road At Grade Rail Crossing. 12. Bakersfield, California, April 11, 2007 - Page 8 CONSENT CALENDAR continued y. Contract Change Order Nos. 13, 14, 15, 16, 17 and 18 to Agreement No. 06-028 with Granite Construction Company ($24,448.86; revised not to exceed $6,477,921.86) for the North Chester Avenue Bridge over the Kern River Replacement Project. Bids: z. Accept bid and award contract to Loop Electric ($269,471.81) for traffic signal and lighting system installation at the intersections of Columbus Street at University Avenue, and Columbus Street at Wenatchee Avenue. aa. Accept bid from Haaker Equipment Company ($300,156.29) for one (1) additional Jet Rodder Combo Truck. Miscellaneous: bb. Appropriate $1,000,000 Additional Water Revenue within the Agricultural Water Fund for early repayment of one half (50%) of the inter-fund loan made from the Sewer Fund for emergency canal repairs. cc. Potential removal and/or acceptance of resignation from Fire Civil Service Commissioner Stuart Gentry. Councilmember Weir announced he would abstain due to conflicts of interest, source of income, on item 12.b. and potential conflict of interest on item 12.u. Councilmember Couch announced he would abstain due to conflict of interest, client owns property within 300 feet of the project, on item 12.j. Motion by Vice-Mayor Hanson to approve Consent Calendar items 12.a. through 12.cc.. with the removal of item 12.s. 13. CONSENT CALENDAR HEARINGS None. ACTION TAKEN AGR 06-028 CC013 CC014 CC015 CC016 CC017 CC018 AGR 07-122 APPROVED Bakersfield, California, April 11 , 2007 - Page 9 14. HEARINGS a. Public Hearing to consider Resolution establishing Agricultural Preserve No. 1 located at the southwest corner of Taft Highway and Wible Road, and adopting rules governing the administration thereof. Development Services Director Grady made staff comments. Hearing opened at 7:29 p.m. No one spoke. Hearing closed at 7:30 p.m. Motion by Councilmember Scrivner to adopt the Resolution. 15. REPORTS None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham requested staff address a citizen's concerns regarding security at the Union Pacific Freight Yard and provided contact information. Councilmember Benham requested Police staff respond to questions regarding an incident at the intersection of Baker and Bernard. Councilmember Benham announced the next meeting at the Bakersfield Homeless Center concerning pedestrian safety will be held April 26th at 1 :00 p.m. and requested staff assure concerned parties are notified including staff and residents of the Center, Roy Malahowski of Greater Bakersfield Legal Assistance and the press. ACTION TAKEN RES 077-07 APPROVED 18. Bakersfield, California, April 11, 2007 - Page 10 MAYOR AND COUNCIL STATEMENTS continued Councilmember Benham requested Parks and Recreation staff investigate avenues to encourage citizens to clean up after themselves in parks including providing extra trash receptacles and temporary signs during holiday periods. Councilmember Carson reiterated her request for a breakdown of park fees by zone along with balances for the zones. Councilmember Carson requested Public Works staff review the feasibility of providing central dump sites and large dumpsters in an effort to alleviate illegal dumping. Councilmember Carson announced the 50th anniversary of Dr. Toliver's service at St. John's Baptist Church and invited the community to attend the celebratory services. Councilmember Sullivan requested staff provide information regarding a time frame for the second phase of street construction in the area of Edmonton Ct. Councilmember Sullivan made comments regarding littering, provided information to Chief Rector regarding a littering incident she witnessed and asked that police follow up. Councilmember Couch requested the Legislation and Litigation Committee review marketing of the benefits of joining the City; commissioning studies by impartial entities such as Cal State and/or joint City/County committee to arm City staff with facts, including analysis of duplication of services resulting in wasted tax dollars. Councilmember Couch requested staff address storm drain issues in the Riverlakes area and provided photographs and contact information. Councilmember Couch provided staff LAFCO protest letters. Councilmember Couch requested staff prepare a certificate for an Eagle Scout and provided information. Council member Couch made comments regarding the invitation extended from Buschon City. Mayor Hall stated acknowledgement of the invitation has been made. ACTION TAKEN 18. Bakersfield, California, April 11, 2007 - Page 11 MAYOR AND COUNCIL STATEMENTS continued Councilmember Couch provided a letter from an individual wishing to be placed on the bid list for investigative services. Councilmember Couch requested an increased police presence at the Park at Riverwalk during warm weather periods. Councilmember Couch requested the Legislation and Litigation Committee review the feasibility of banning plastic retail bags in the City. Councilmember Scrivner thanked staff for handling his referrals. Councilmember Scrivner thanked City Manager Tandy and staff for preparing the Roads Proposal. Councilmember Scrivner made comments regarding the Mayor's Youth Advisory Council and complimented the Mayor and Assistant Police Chief Brian Lynn for their work with the group. Vice-Mayor Hanson recognized EDCD Director Kunz for her efforts to provide additional affordable housing in the City. Vice-Mayor Hanson made comments regarding highway planning and requested the City Manager's Roads Proposal be turned over to the Planning and Development Committee for review and possible implementation. Mayor Hall complimented the new Public Works Director's Newsletter and Finance Director Smith presentation to the media of tax income information. Mayor Hall made comments regarding speaking to the Grand Jury and a suggestion made that the name of the "Transient Occupancy Tax" be changed to "Travelers Tax". Mayor Hall made comments regarding litter and the Great American Clean-up that will be taking place at the end of April. ACTION TAKEN Bakersfield, California, April 11, 2007 - Page 12 19. ADJOURNMENT Vice-Mayor Hall adjourned the meeting at 7:51 p.m.. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield ACTION TAKEN