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HomeMy WebLinkAbout01/31/2001 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JANUARY 31, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m, PRE-MEETING 1. ROLL CALL (30 min) (15 min) WORKSHOP a. Greater Bakersfield Vision 2020. (John Stinson, Assistant City Manager) b. Traffic Light Preemption Devices. (Public Works Staff) CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney Closed Session pursuant to Subdivision (a) of Government Code Section 54947 REGULAR MEETING 2. 3. 4. 5, INVOCATION by Bill Stephens of First Presbyterian Church PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION ACTION PRESENTATIONS a. Presentation by Rhonda Smiley, representing the City Manager's Office, in recognition of the Recreation and Parks Department. Introduction by City Manager Alan Tandy of new Economic and Community Development Director. PUBLIC STATEMENTS APPOINTMENTS 8. CONSENT CALENDAR (Ward 4) (Ward 7) (Ward 6) (Ward 5) Minutes: a. January 2, 2001 Special Meeting and January 17, 2001 Council Meeting. Payments: Payments from January 6, to January 18, 2001 in the amount of $4,977,031.54; and Self Insurance payments from January 6, to January 18, 2001 in the amount of $55,438.60. Resolutions: Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 417, located along the north side of Rosedale Highway at Henry Lane. Resolution adding territory, Area 3-14 (McKee, 99 NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 2-24 (Schirra Court West) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution adding territory, Area 1-20 (Stockdale, Village Lane) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments bythe Kern CountyTax Collector. Resolution requesting a Plan of Action by the State of California to address the disruption of service and increased costs of electrical power affecting the citizens of California. Amendment No. 10 to Resolution No. 108-99 setting salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Director of Recreation & Parks. -2- 8. CONSENT CALENDAR continued (Ward 7) (Ward 7) (Ward 3) (Ward 4) i. New Job Specification, Reclassification and Change to Salary Schedule. Amendment No. 11 to Resolution No. 108-99 setting salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Supervisor - Office Administration, Communications and Special Projects. New Job Specification: Supervisor - Office Administration, Communications and Special Projects. Reclassifications: Administrative Assistant II to Supervisor - Office Administration, Communications and Special Projects; Secretary I to Administrative Assistant I. Agreements: j. Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Casitas Del Quinta, Inc. for Tract 5981, located north of Berkshire Road, east of Wible Road. Completion of Wall Agreement with Stone Creek Partners, Inc. for completion of view wall within Tract 6015, Phase 1, located east of Akers Road, north of Hosking Avenue. Purchase Agreement with Donald F. Williams and Nancy Williams, Trustees, James A. Brinton and Lorraine H. Brinton, Leroy W. Smith and Lorena F. Smith, $714,604 to purchase real property at the northeast corner of Highway 178 and Fairfax Road. Appropriate $200,000 Fund Balance to the Capital Improvement Budget within the Transportation Development Fund. Agreement with Wilson & Associates, not to exceed $54,000 for assessment engineering purposes for Assessment District No. 01-1 (Ming at Allen/Mountain Vista Road/Hampton Place). m. Governor's Water Project: Agreement between the City of Bakersfield, Castle & Cooke California, Inc. and Kern County Water Agency for the acquisition of approximately 40 acres of real property located nodh of Stockdale Highway, east of future Jewetta Avenue extension for the purpose of water recharge and recreational uses. Amendment No. 1 to Agreement No. 85-179 with Castle & Cooke Commercial -CA, Inc., for Pioneer Extension Canal. Amendment No. 3 to Agreement No. 96-178, with the SPCA for increase of $3,614 per month to cover minimum wage increase, and Transfer $21,684 Council Contingency to the Non-Departmental Operating Budget within the General Fund. -3- (Ward 4) (Wards 1,2) CONSENT CALENDAR continued Bids: Miscellaneous: o. Appropriate $557,212 PG&E Rebate to the Public Works General Fund Operating Budget for purchase of Light Emitting Diode green lights. p. Audit Reports: (Refer to Budget and Finance Committee) 1. Acceptance of Independent Auditors' Report on Compliance with Contractual Requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2000. 2. Acceptance of 1999-00 Transportation Development Act Funds Financial Statements. Staff recommends adoption of Consent Calendar Items a. through p. HEARINGS Resolution approving City Annexation No. 414, Proceeding No. 1290 uninhabited territory, located north of Brimhall Road between Allen Road and Jenkins Road. 1. Agreement to Indemnify LAFCO for City Annexation No. 414, Proceeding No. 1290. Staff recommends adoption of the resolution and agreement. b. Hearing to consider a resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield. Staff recommends adoption of the resolution. c. Public Hearing on proposed expenditures of Bureau of Justice Assistance Local Law Enforcement Block Grant Funds. Staff recommends Council conduct public hearing and approve appropriations. d. Negative Declaration for the Southeast Metropolitan Bakersfield Enterprise Zone. Staff recommends adoption of the Negative Declaration. 10. REPORTS City Manager Report No. 1-01 regarding status of the URS Greiner Woodward Clyde, a Division of URS Corporation for the Bakersfield Systems Study.(Intedm Public Works Director Jacques R. LaRochelle) Staff recommends accept and file report. -4- 10. 11. 12. (Ward 1 ) REPORTS continued b. Report on Constituent Tracking Software. Staff recommends accept report. DEFERRED BUSINESS a. Setting the date of the City Council Special Meeting to establish Goals for FY 2001- 2002. Staff recommends Council determination. b. Establishment of City Center Expert Citizens Oversight Committee. Staff recommends Council determination. NEW BUSINESS a. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 124-08 and 124-17 by changing the zoning from a One-Family Dwelling zone to a Light Manufacturing zone, on approximately 200 acres, located south of Watts Drive, north of East White Lane, between Madison Street and South Union Avenue. Also included is a small rectangular area at the northwest corner of Watts Drive and Madison Street (ZC P00-835) Staff recommends first reading of the ordinance. b. Ordinance amending Subsection H. of Section 6.28.170 of Title 16 of the Bakersfield Municipal Code relating to double frontage lots along streets which function as major streets. Staff recommends first reading of the ordinance. c. Ordinance amending Section 17.28.020 of Title 17, of the Bakersfield Municipal Code, adding Subsection D. related to additional uses in the Light Manufacturing zone specific to the Bakersfield Airpark. Staff recommends first reading of the ordinance. d. Ordinance amending Subsection B.8 of Section 16.32.060 of Subsection D.8. of Section 16.32,080 of Title 16 of the Bakersfield Municipal Code relating to canal fencing within one quarter mile of a subdivision. Staff recommends first reading of the ordinance. e. Resolution calling for an Advisory Election regarding the Multi-Purpose Stadium. Staff recommends the City Council continue to enhance the already strong citizen participation processes on ths subject in lieu of adopting the resolution. -5- 13. COUNCIL STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\CounciI~AGENDA~JAN3101.wpd January 25, 2001 (4:20pm) -6- BAKERSFIELD MEMORANDUM TO: FROM: THROUGH: SUBJECT: January 26, 2001 HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER X... ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - JANUARY 31, 2001, COUNCIL MEETING PRE-MEETING There are two workshop items: 1) An Update of the Greater Bakersfield Vision 2020 report by Sheryl Barbich; and 2) Public Works staff will make a presentation on implementation of preemption devices for traffic signals. There is one closed session item; the City Attorney performance evaluation. PRESENTATIONS There will be two presentations: 1) a presentation by the City Manager's office in recognition of the Recreation and Parks Department; and 2) an introduction of Donna Kunz, EDCD Director. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8c. Resolution of Aoolication Drooosing proceedings for annexation of uninhabited territory located along the north side of Rosedale Hiqhway at Henry Lane. The proposed annexation consists of approximately 2 acres of uninhabited land located along the north side of Rosedale Highway at Henry Lane. The property owners have consented to annexation and wish to receive City water service. This annexation will facilitate other property owners on the north side of Rosedale Highway having access to water service in the future. Item 8d. Resolution addin(~ territory (McKee, 99 NW) to the Consolidated Maintenance District and confirmin(] the assessments, aooroving the Public Works Director's Report and authorizing collection of assessments bv the Kern County Tax Collector. A written request was received by the property owner to be included in the Consolidated Maintenance District, which will provide for maintenance of a public park and street landscaping. A letter was received from the owner which waives all hearings required by the Brown Act, Municipal Code and Proposition 218. In order to provide future property owners with disclosure, a covenant will be recorded with the subdivision map. HONORABLE MAYOR AND CITY COUNCIL January 26, 2001 Page -2- Item 8e. Resolution addina territory (Schirra Court West) to the Consolidated Maintenance District and confirmina the assessments, aoorovina the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. A written request was received by the property owner to be included in the Consolidated Maintenance District, which will provide for maintenance of median landscaping. A letter was received from the owner which waives all hearings required by the Brown Act, Municipal Code and Proposition 218. In order to provide future property owners with disclosure, a covenant will be recorded with the subdivision map. Item 8f. Resolution adding territory {Stockdale, Village Lane) to the Consolidated Maintenance District and confirminq the assessments, approving the Public Works Director's Report and authorizino collection of assessments bv the Kern County Tax Collector. A written request was received by the property owner to be included in the Consolidated Maintenance District, which will provide for maintenance of median landscaping. A letter was received from the owner which waives all hearings required by the Brown Act, Municipal Code and Proposition 218. In order to provide future property owners with disclosure, a covenant will be recorded with the subdivision map. Item 8(3. Resolution reQuestin(3 a Plan of action by the State of California to address the disruotion of service and increased costs of electrical power affectinq the citizens of California. The City Council, at their January 17, 2001 meeting, directed staff to prepare a resolution to send to Governor Davis which encourages the state to develop a clear plan of action to address the critical energy issue. The resolution contains elements such a promoting conservation, encouraging new sources of power and streamlining processes for brining new power sources on line, granting emergency powers for the Governor to deal with short-term issues, reviewing the Power Exchange bidding process, coordinating power plant down times, and encouraging local support through serving local needs first. Item 8h. Amendment No. 10 to Resolution No. 108-99 settinq salaries and related benefits for Officers and Emolovees of the General Suoervisorv. Police Supervisorv and Mana(3ement Units and adopting salary schedule and related benefits for Director of Recreation & Parks. The salary for the Director of Recreation and Parks has been at the level of a Divison Head, not a Department Head. This action corrects that problem. Increasing this salary would reflect an approximate 9% increase. The Recreation and Parks Department has adequate funds in their budget to fund this increase. Item 8h. New Job Specification. Reclassification and chanqe to Salary Schedule. The duties assigned to the Administrative Assistant II in the City Manager's office have increased in complexity and scope over the years. Additional duties have also been assigned, constituting out of classification pay. Therefore, it is recommended that the Administrative Assistant II position in the City Manager's office be reclassified to Supervisor - Office Administration, Communications and Special Projects. In order for the Administrative Assistant II to fulfill the expanded responsibilities, many of the duties associated with that position have been shiffed to the Secretary I position, also necessitating out of classification pay. Therefore, it is necessary to reclassify the Secretary I position to Administrative Assistant I. Agreements: Item 8k. Purchase A(]reement With Donald F. Williams and Nancy Williams, Trustees, James A. Brinton and Lorraine H. Brinton, Leroy W. Smith and Lorena F. Smith to purchase real properS/at the northeast corner of Hi(3hwav 178 and Fairfax Road. The City is acquiring land for the new Fairfax and Highway 178 interchange. The property comprises approximately 3.86 acres of HONORABLE MAYOR AND CITY COUNCIL January 26,2001 Page-3- unimproved commercially zoned land. The purchase price of $714,604 represents the property's fair market value as determined by an independent fee appraiser. This item also seeks to appropriate $200,000 fund balance to the Capital Improvement Budget within the Transportation Development Fund. On December 7, 2000, the Planning Commission found the acquisition of this property consistent with the 2010 General Plan. Item 81. Agreement with Wilson & Associates for Assessment Engineering Purposes for Assessment District No. 01-1 ~Mina at Allen/Mountain Vista Road/Hamoton Place). The proposed assessment district has three distinct subareas: 1) Ming Avenue at Allen Road; 2) Mountain Vista Road, between Old River and Buena Vista Road; and 3) Hampton Place between Palm and Jenkins. The improvements include roadway improvements, water lines, curb, gutter, sidewalks, street lights and block walls. The primary motive for combining the three subareas is to reduce the total costs of legal proceedings and bond financing; passing the savings on to the property owners. Item 8m. Governor's Water Project. Along Stockdale Highway, east of future Jewetta Avenue is the site of a future 30-acre park. West of this location is the site of a future 40-acre park site. This is part of the Governor's Water Project that is being funded by a $23 million grant from Water Bond 2000. The site has been appraised by an independent appraiser at $4.1 million. The first part of this item is an agreement with Castle & Cooke California, Inc. and Kern County Water Agency for the acquisition of this property. Castle & Cooke will be paid $3.1 million by the Grant. The second part of this item is an Amendment to Agreement No. 85-179 with Castle & Cooke Commercial -CA, Inc., for the optional Pioneer Extension Canal relocation to accommodate a commercial development adjacent to the future 30-acre park site. Item 8n. Amendment No. 3 to Agreement No. 96-178, with the SPCA for increase of $3,614 per month to cover minimum waae increase, and Transfer $21,684 Council Contingencv to the Non- Deoartmental Operating Budqet within the General Fund. Beginning January 1,2001, a minimum wage increase of $.50 per hour went into effect. For the SPCA, this increase equates to $3,614 per month, and $21,864 for the remainder of 2000-01. These amounts are based on computations using an average equivalent man hours worked in a typical six-month period. The SPCA has indicated it plans to conduct an in-depth review of its animal control needs and expenditures in the next few months which it hopes will be addresses in budget requests beginning with the 2001-02 fiscal year. Miscellaneous: Item 80. Appropriate $557,212 PG&E Rebate to the Public Works General Fund Operatinq Budget for purchase of Liaht Emittina Diode qreen liqhts. CalTrans has approved the use of LED green lights as a traffic control device. LED green lights are more cost effective to operate than the incandescent lights currently in operation. PG&E estimates the City's annual electricity cost savings, at current rates, to be $150,000. The Public Works Department is proposing to change green lights at all of the City's 253 traffic signals. The purchase cost totals $557,212. PG&E will provide a rebate to cover 100% of the purchase costs for all LED lights installed prior to June 1,2001. With PG&E's financial troubles, we have evaluated "what if" they go bankrupt and do not provide the rebate. The energy savings still pays off the investment in under four years. It should proceed anyway, although we believe we the rebate will occur. Item 8p. Audit Reports. The City's compliance with contract requirements is audited on an annual basis. The independent Auditors' Report on Compliance with Contractual Requirements relative to the Bakersfield Sub-regional Wastewater Management Plan indicates the City complied with the HONORABLE MAYOR AND CITY COUNCIL January 26,2001 Page-4- program's guidelines. The 1999-00 Transportation Development Act Funds Financial Statements summarize fiscal activity for the Streets and Roads Funds, and the Bikeway and Pedestrian Funds. The accuracy and fairness of the presentation is the responsibility of the City. Staff recommends referral of these reports to the Budget and Finance Committee for approval. HEARINGS Item 9a. Resolution aDDrovinq City Annexation No. 414, located north of Brimhall Road between Allen Road and Jenkins Road. The annexation area consists of approximately 88 acres of uninhabited land, located north of Brimhall Road, between Allen and Jenkins Roads. The owner wishes to annex to receive City services. The representative of the owner requested continuance of this item from a previous meeting. LAFCO approved the annexation on December 19, 2000, with a condition the City sign an agreement that will indemnify LAFCO. There were no protests at the LAFCO hearing. This item provides a resolution to approve the annexation and an agreement to indemnify LAFCO. Item 9b. Hearin(~ to consider a resolution aDDrovin(3 and adoDtinq an adjusted fee for the development and improvement of parks. In accordance with the Municipal Code, the Public Works Department provided a report with updated, new or additional information regarding the fee amount collected for the development of parks. The park development fee was last adjusted in September 1997. Informational notices were mailed to the Building Industry Association, American Institute of Architects, and North Bakersfield Recreation and Parks District. There has been no opposition from these groups regarding the adjusted fee. Item 9c. Public Hearin(~ on orooosed expenditures of Bureau of Justice Assistance Local Law Enforcement Block Grant Funds. In October 2000, the Police Department was awarded a $245,217 Local Law Enforcement Block Grant from the Bureau of Justice Assistance (BJA). The purpose is to provide local units of government with funds to underwrite projects to reduce crime and improve public safety. The Police Department desires to use these funds to purchase a new records management system and procure additional hardware in the form of mobile data terminals. The total cost is $272,463, with the BJA providing $245,217 and the City providing the remaining $27,246. At the hearing, persons shall be given the opportunity to provide written and oral views to the Council. Item 9d. Neoative Declaration for the Southeast Metropolitan Bakersfield Enterprise Zone. The Enterprise Zone was originally created as an Employment and Economic area on October 15, 1986, and was scheduled to expire October 14, 2001. The project is to extend the life of the Enterprise Zone an additional five years to October 14, 2006. This project will not result in the development or land, nor will it change any zoning or general plan designation. The zone does not promote development that is not already permitted in the area. The Planning Department completed an initial study of possible environmental effects, and has determined that this project will not have a significant effect on the environment and a Negative Declaration is appropriate. This determination has been made according to CEQA, State CEQA Guidelines, and City of Bakersfield's CEQA Implementation Procedures. The Kern County Board of Supervisors will review this item in February 2001. HONORABLE MAYOR AND CITY COUNCIL January 26,2001 Page-5- REPORTS Item 10a. City Mana(3er Reoort No. 1-01 re(~ardin(~ status of the URS Greiner Woodward Clyde, a Division of URS Corooration for the Bakersfield Systems Study. Jacques R. LaRochelle, Interim Public Works Director; Craig Pope, Director of Kern County Roads Department; and Jeff Chapman Project Manager for URS Corporation, will present a status report on the Bakersfield Systems Study. Item 10b. Reoort on Constituent Tracking Software. City staff has been evaluating computer software that would better track constituent service requests and City Council referrals. The goals are to: 1) provide an electronic database to track service requests; 2) provide faster response times to the public; and 3) allow the public, Council and staff to access completed referrals and service requests on the City's website. The City has pumhased a software package called eworks that is very flexible and will achieve the goals. Assistant City Manager, Alan Christensen, will give a short presentation on the software. DEFERRED BUSINESS Item 1 la. Settin(~ the date of the Citv Council Soecial Meetino to establish Goals for FY 2001-2002. At the City Council meeting of January 17, 2001, staff was directed to poll the Council in order to set a date for the go.al setting meeting. It was determined that the Mayor and Council will all be available on Saturday, February 10, 2001. However, Mayor Hall has a commitment that day from 11:30 am - 12:30 pm, so has suggested they recess for lunch during that time. The next possible date would be March 31, 2001. Council will need to determine the time and location of the session. Item 11 b. Establishment of City Center Expert Citizens Oversiciht Committee. At the January 17, 2001 Council meeting, a motion was adopted to establish an Expert Citizens Oversight Committee for the City Center Project with the full Council determining the members. This Committee is to assist the Council by reviewing the financial information provided by the developer, and to continue until all information has been reviewed. This item appears in accordance with the past motion, to obtain Council agreement on the names of members. NEW BUSINESS Item 12a. Ordinance amending the Municipal Code and Zonina Maos bv chanaina the zonina from a One-Family Dwelling zone to a Liaht Manufacturinq zone, on approximately 200 acres, located south of Watts Drive. north of East White Lane. between Madison Street and South Union Avenue. Also included is a small rectanaular area at the northwest corner of Watts Drive and Madison Street. On January 4, 2001, the Planning Commission adopted a resolution recommending approval of the zone change request. This request was made because when the Casa Loma Specific Plan was rescinded, a mapping error identified the site as R-1 instead of M-1. It is anticipated that the site will continue to be used as an airpark with related industrial and commercial uses consistent with an M-1 zoning. The request is consistent with the land use designations of the 2010 General Plan. Item 12b. Ordinance amending the Municipal Code relating to double frontage lots alone streets which function as major streets. The proposed ordinance changes allow more flexibility to approve double frontage lots on major streets within a subdivision. The Planning Commission recommended approval of the proposed ordinance amendment at their December 21, 2000 meeting. Under the HONORABLE MAYOR AND CITY COUNCIL January26,2001 Page-6- proposed wording, the Planning Commission would still have to find that the proposed double frontage lots are reasonable due to controlling factors such as traffic, safety, appearance and setback. Staff would provide evidence in support or opposition to this finding through examination of individual subdivision applications. Item 12c. Ordinance amendina the Municipal Code addinq Subsection D. related to additional uses in the Liaht Manufacturina zone soecific tO the Bakersfield Airpark. The purpose of the ordinance amendment is to accommodate existing and reasonably foreseeable uses at the airpark. The City is requesting this ordinance because it is the intent to allow airpark related industrial and commercial uses at the site. In a parallel process, the Planning Director initiated a zone change to amend the zoning in Item 12a. Item 12d. Ordinance amendina the Municioal Code relatina to canal fencina within one quarter mile of a subdivision. The proposed ordinance changes allow the Planning Commission to require fencing between a proposed subdivision and a canal within 1/4 mile. At the December 21, 2000 meeting, the Planning Commission recommended approval of the proposal to the City Council, with no one speaking in opposition. Prior to the hearing, the BIA, interested engineers and canal companies were sent a notice outlining the proposed changes. No one has expressed opposition. Item 12e. Resolution reoarding Stadium Election. At the request of Councilmember Benham, staff has prepared a draft resolution calling for an advisory election regarding the multi-purpose stadium. This resolution sets the date of June 5, 2001 for the election. The developer indicated at the Council meeting of January 17, 2001 that he could not hold his tenants and their investments through the time frame involved and with the uncertainty, which would mean failure for the project. Staff is therefore recommending enhancing the public participation process by other means rather than adopting the advisory election requirement. AT.AC:al cc: Department Heads City Clerk's Office News Media File S:~AGN_HIGH~01jan31 .wpd January 26, 2001 ADMINISTRATIVE REPORT MEETING DATE: January 31,2001 AGENDA SECTION: Workshop ITEM: 2. a o TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD DATE: January 24, 2001 CITY A'I'rORNEY CITY MANAGER SUBJECT: Greater Bakersfield Vision 2020 Report RECOMMENDATION: BACKGROUND: Sheryl Barbich will provide an overview of the Greater Bakersfield Vision 2020 report and its recommendations. The report is the result of over 18 months of community input involving over 13,000 residents. The report contains statements of the community's vision of what they would like to see in the year 2020 in Metropolitan Bakersfield as well as strategies and actions to achieve those goals. Greater Bakersfield Vision 2020 would like the Council to accept the report and integrate it into the Council's upcoming goal setting session. January 25, 2001,8:29arn S:~Adrnin Rpts~001\Vision 2020 - Workshop 013101.wpd ADMINISTRATIVE REPORT MEETING DATE: January 31,2001 AGENDA SECTION: Workshop ITEM: 2. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques R. LaRochelle, Interim Public Works Director January 23, 2001 Traffic Light Preemption Devices APPROVED DEPARTMENT HEAD~,,~:~_ ClTY ATTORNEY ClTY MANAGER RECOMMENDATION: BACKGROUND: Public Works staff will make a presentation on implementation of preemption devices for traffic signals within the City of Bakersfield. JRL/SLW:mq) January 23, 2001, 11:47am G:~GROUPDAT~ADMINRPT~200 l~Jan3 l\GET_TrafficSignalPreemption.wpd ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Closed Session ITEM: 3. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney January 19, 2001 APPROVED DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER Public Employee Performance Evaluation - City Attorney Closed session pursuant to subdivision (a) of Government Code section 54947 RECOMMENDATION: BACKGROUND: BJT:laa JA31CA1.CS ADMINISTRATIVE REPORT MEETING DATE: January 17,2001 AGENDA SECTION: Presentations ITEM: 5. ao TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager January 22, 2001 CITY A'n'ORNEY CITY MANAGER Presentation in recognition of the Recreation and Parks Department APPROVED RECOMMENDATION: BACKGROUND: Presentation by Rhonda Smiley, representing the City Manager's office, regarding recognition of the Recreation and Parks Department for awards received on the regional, state, and national level. rks January 22, 2001, 11:1Sam p:~Admin Reports& Related\Adm-200 l\RecandParksAwards-O 12201 .wpd ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Presentations ITEM: 5. b. TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD /~r.~_~ DATE: January 24, 2001 CITY ATI'ORNEY CITY MANAGER /~/j SUBJECT: Introduction of new Economic and Community Development Director RECOMMENDATION: BACKGROUND: City Manager, Alan Tandy will introduce the new EDCD Director, Donna Kunz. January 24, 2001, 11:50am S:~Admin Rpts~2001\New EDCD Director - presentation 013101 .wpd ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk  P_PROVED DEPARTMENT HEAI~ /) ~ _-~ January 5, 2001 CITY ATTORNEY N/A CITY MANAGER ~ Minutes of the January 2, 2001 Special Meeting and January 17, 2001 Council Meeting. RECOMMENDATION: BACKGROUND: bz S:\Council\admins~ADMINS~JAN3101 .wpd January 19, 2001, 2:14pm ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 19, 2001 APPROVED DEPARTMENT HEAD ,4,/,..'.'.~ CITY ATTORNEY CITY MANAGER Approval of department payments from January 06, 2001 to January 18, 2001 in the amount of $4,977,031.54 and self insurance payments from January 06, 2001 to January 18, 2001 in the amount of $55,438.60 RECOMMENDATION: Staff recommends approval of payments totaling $5,032,470.14 BACKGROUND: s:~acctpay~adminf~l .wpd klg ADMINISTRATIVE REPORT IMEETING DATE: January 31, 2001 AGENDA SECTION: Consent ITEM: 8 .c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 4, 2001 DEPARTMENT HE~D CITY MANAGER . ~,/~. A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 417 located along the north side of Rosedale Highway at Henry Lane. (Ward 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 417 to the City of Bakersfield. The proposed annexation consists of approximately 2 acres of uninhabited land located along the north side of Rosedale Highway at Henry Lane. The property owners have consented to annexation and wish to receive city water service. The property is developed and the zoning of the site is M-1 (Light Manufacturing). MO:Pit admin~jan\l-31-a417 Januaw 4, 2001, 9:13AM ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 IAGENDA SECTION: Consent Calendar ITEM: 8. d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques R. LaRochelle, Interim Public Works Director January 19, 2001 APPROVED DEPARTMENT HEAD ,,~7~ C TY A ORNEY,_./TT' CITY MANAGER Resolution adding territory, Area 3-'14 {McKee, 00 NW) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Diractor'$ Report and authorizing collection of assessments by the Kern County lax Collector. (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. 6006 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 public street landscaping. Staff recommends the addition of territory, Area 3-14 (McKee, 99 NW) to the Consolidated Maintenance District. Area 3-14 is generally bounded by Parana Avenue on the north, Highway 99 on the east, McKee Road on the south and Lima Street on the west. This area will be under the park and street/median zones of benefit and when a park has been constructed and street landscaping has been installed, assessed an amount for park "tier 1" and 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 from the owner of the property described in Tentative Tract No. 6006 which waives all hearings required by the Brown Act and Chapter 13.04 of the Bakersfield Municipal Code as well as all Proposition 218 rights. 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 Januap/19, 2001, 9:12am G:\GROUPOAT~ADMINRP'r~00 l~Jan3 l\md3-14re01 .wpcl ADMINIST TIVE REPORT MEETING DATE: January 31,2001 AGENDA SECTION: Consent Calendar ITEM: 8 o e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director January 19, 2001 DEPARTMENTHEADJ~,'~'~ CITY A'I-I'ORNEY ~) CITY MANAGER j~-z~'~ Resolution adding territory, Area 2~24 (Schirra Court West) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 6) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Parcel B of Parcel Map No. 8383, to be included into the Consolidated Maintenance District as required by Section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of median landscaping. Area 2-24 is generally bounded by White Lane on the north, a line 300 feet west of Mexicali Drive the east, Schirra Court on the south and a line 750 feet east of Mexicali Drive on the west. This area will be under the street/median zone of benefit and when median landscaping has been installed, assessed an amount for street "tier 1". The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivideddeveloper to be recorded with any future subdivision maps. A copy of this covenant is attached for reference. Lvd January 19, 2001, 9:26am G:\GROUPDA'r~ADMINRP'r~001',Jan31~md2-24re01 .wpd ADMINISTRATIVE REPORT IMEETING DATE: January 31, 2001 AGENDA SECTION: Consent Calendar ITEM: 8o~:o TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques R. LaRochelle, Interim Public Works Director January 19, 2001 APPROVED DEPARTMENT H EAD/;~-~ CITY A'~'ORN~~ CITY MANAGER ,/~ Resolution adding territory, Area 1-20 (Stockdale, Village Lane) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 5) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Parcels A and B of Lot Line Adjustment P00-0256, 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~vill provide for the maintenance of median landscaping. Area 1-20 is generally bounded by a line 625 feet north of Stockdale Highway on the north, a line 1/4 mile east of California Avenue on the east, Stockdale Highway on the south and a line 750 feet east of California Avenue on the west. This area will be under the street/median zone of benefit and when median landscaping has been installed, assessed an amount for street "tier 1". The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with any future subdivision maps. A copy of this covenant is attached for reference. Lvd January 19, 2001, 9:31am G:\GROUPDA'ISADMIN RPT~200 l~Jan3 lYnd 1-20re01 .wpd ADMINISTRATIVE REPORT IMEETING DATE: January 31, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. cj. TO: FROM: DATE: Honorable Mayor and City Council Alan Tandy, City Manager January 11, 2001 APPROVE~D DEPARTMENT HEAD (~'7~ CITY ATTORNEY CITY MANAGER SUBJECT: Resolution Requesting a Plan of Action by the State of California to Address the Disruption of Service and Increased Costs of Electrical Power Affecting the Citizens of California. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: California's electrical utilities are experiencing significant electrical service disruptions resulting from deregulation of the energy industry. This state-wide problem has resulted in power disruptions throughout the state and caused citizen concerns regarding continuing outages, increased costs of electricity and potential social and economic impacts resulting from the instability of our electrical systems. At the January 17, 2001 City Council meeting the City Council requested that staff prepare a resolution to send to Governor Gray Davis which encourages the state to develop a clear plan of action to address this critical issue. Councilmembers also requested that staff contact the League of California Cities, representatives from Pacific Gas & Electric, Southern California Edison, the Chamber of Commerce and other groups to obtain their input regarding this matter. Staff has included information gathered in the preparation of the proposed resolution, including portions of a "white paper" approved by the Greater Bakersfield Chamber of Commerce's Governmental Review Council. Elements contained within the resolution include promoting conservation, encouraging new sources of power and streamlining processes for bringing new power sources on line, granting emergency powers for the Governor to deal with short-term issues, reviewing the Power Exchange bidding process, coordinating power plant down times, and encouraging local support through serving local needs first. Assemblyman Dean Florez has scheduled a "Community Forum on Blackout Preparedness" for Wednesday, January 31, 2001 from 5:30 to 9:00 p.m. at the Bakersfield City School District Auditorium at 1300 Baker Street. This information has been placed on the City's web page. Staff has prepared a draft resolution for consideration by the City Council. (P:~S~ADM01-01-31-2) January 23, 2001, 11:45am ADMINISTRATIVE REPORT MEETING DATE: January 31,2001 AGENDA SECTION: Consent Calendar ITEM: 8. h. TO: Honorable Mayor and City Council APPROVED ./3 FROM: Carroll Hayden, Human Resources Manager ~ DEPARTMENT HEAD DATE: January 24, 2001 CITY A'I'rORNEY CITY MANAGER SUBJECT: Changes to Salary Schedule 1) Amendment No. 10 to Resolution No. 108-99 setting salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Director of Recreation & Parks RECOMMENDATION: Staff recommends adoption of the resolution: BACKGROUND: The salary for the Director of Recreation & Parks needs to be increased for a number of reasons. The Director was originally hired as a division head and when the division was made a department, the incumbent was given a step increase; however, the actual salary range was never changed. The Director's salary range is still at the level of some division heads. In addition, the Director of Recreation & Parks has been internally compared to other department head positions. It has been determined that it is internally comparable with Development Services Director, Economic Development Director and Finance Director which are all at the same salary level. Increasing the Director of Recreation & Parks salary to be equivalent with these positions would reflect an approximate 9% increase. SUMMARY The Recreation & Parks Department has adequate funds in their budget to fund this increase. jm January 24, 2001, 8:20AM S:'~ADMtNRP'I~Director of Recreation & Parks.wpd ADMINISTRATIVE REPORT IMEETING DATE: January 31, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. i. TO: FROM: DATE: SUBJECT: 1) 2) 3) Honorable Mayor and City Council Carroll Hayden, Human Resources Manager January 19,2001 APPROVED DEPARTMENT HEAD ~ ClTY ATTORNEY ~. ClTY MANAGER Subject: New Job Specification, Reclassifications and Change to Salary Schedule Amendment No. 11 to Resolution No. 108-99 setting salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Supervisor - Office Administration, Communications and Special Projects New Job Specification: Supervisor- Office Administration, Communications and Special Projects Reclassifications: Administrative Assistant II to Supervisor - Office Administration, Communications and Special Projects; Secretary I to Administrative Assistant I RECOMMENDATION: Staff recommends adoption of the resolution, approval of the new job specification and reclassification of the positions. BACKGROUND: For some years, duties assigned to the Administrative Assistant II, City Manager's Office, have increased in complexity and scope. Additionally, since June, 2000, this position has had additional assignments, some of which would have been given to an Assistant City Manager, were those two positions not taking on acting assignments as Economic and Community Development Director and Risk Manager. This position has been receiving out of classification premium pay since that time. These duties will continue to be a part of this position, as well as the additional responsibilities of coordinating City wide public information efforts, supervising the office support staff, and coordinating the City's reward and recognition program. Therefore, it is recommended that the Administrative Assistant II, City Manager's Office, be reclassified to Supervisor - Office Administration, Communications and Special Projects and that classification to be placed in the General Supervisory unit. January 19, 2001, 2:55PM S:~ADMINRPT~Supervisor-Office Admin, Comm and Special Proj.wpd ADMINISTRATIVE REPORT Page 2 Based upon the level of responsibility and the position requirements, we recommend setting the salary to be equivalent to other internal positions with similar requirements, at the level of Assistant City Clerk. In order that the Administrative Assistant II be able to assume the expanded supervisory role, many of the duties associated with the Administrative Assistant II position have been shifted to Amber Lawrence, Secretary I, City Manager's Office, who has also been receiving out of classification premium pay. With even more complex duties being assigned to the Administrative Assistant II, Ms. Lawrence will need to assume more of that position's assignments on a regular basis. Therefore, it is recommended that Ms. Lawrence be reclassified to reflect the nature of her ongoing, higher level duties, to Administrative Assistant I. The new job specification and reclassifications were approved by the Miscellaneous Civil Service Commission on January 16, 2001. January 19, 2001, 2:56PM S:~ADMINRPT~Supervisor-Office Admin, Comm and Special Proj.wpd ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. j. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, lnterim Public Works Dimctor January 18,2001 DEPARTMENT HEAD:~,,~J~--~-~ CITY ATTORNEY CITY MANAGER Tract Maps/Improvement Agreements: (1) (2) Final Map and Improvement Agreement with Casitas Del Quinta, Inc. for Tract 5981 located north of Berkshire Road and east of Wible Road. (Ward 7) Completion Of Wall Agreement with Stone Creek Partners, Inc for completion of view wall within Tract 6015 Phase 1 located east of Akers Road and North of Hosking Avenue. (Ward 7) 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. January 19, 2001, 9:21am G:\GROU PDA'r~DMINRP'r~00 l~Jan3 I\MAPS&IMPAGR.wpd TD ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director January 19, 2001 Property Acquisition: APPROVED DEPARTMENT HE~/~~. C,TY CITY MANAGER Approve Purchase Agreement, $714,604.00, with Donald F. Williams and Nancy Williams, Trustees, James A. Brinton and Lorraine H. Brinton, Leroy W. Smith and Lorena F. Smith to purchase real property at the northeast corner of Highway 178 and Fairfax Road. Appropriate $200,000 fund balance to the Capital Improvement Budget within the Transportation Development Fund. (Ward 3) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City is acquiring land (see attached map) for the new Fairfax and Highway 178 intemhange. The property comprises approximately 3.86 acres of unimproved commercially zoned land. The purchase price of $714,604 represents the property's fair market value as determined by Michael C. Burger, MAI, an independent fee appraiser. On December 7, 2000, the Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan and the purchase is contingent upon such a finding. DMNs January 19, 2001, 11:19AM ADMINISTRATIVE REPORT IMEETING DATE: January 31, 2001 AGENDA SECTION: Consent Calendar TEM: 8. !. TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works DirectorDEPARTMENT HEAD ~,~,~-- January 17, 2001 CITY ATTORNE~f'/..~ CITY MANAGER/" Assessment District No. 01-1, (Ming at Allen/Mountain Vista Road/Hampton Place): Agreement with Wilson & Associates for assessment engineering purposes (Not to exceed $54,000). (Ward 4) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed assessment district. The proposed district has three distinct subareas as follows: Min.q at Allen. This subarea is located south of Stockdale Highway between Buena Vista Road and South Allen Road and is planned for new residential development. It is proposed that the improvements for this area will be constructed by the developer (Coleman Homes), with acquisition of the improvements upon completion. The improvements include roadway improvements to River Run Boulevard, together with water lines, curb, gutter, sidewalks, street lights and block wall improvements. Mountain Vista Road. This subarea is located south of White Lane between Old River and Buena Vista Road and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by the Developer (Coleman Homes), with acquisition of the improvements upon completion. The improvements include, in Tract roadway improvements, together with sewer, curbs, gutters, sidewalk, street lights, block walls and landscaping. Hampton Place. This subarea is located west of Allen Road, between Palm and Jenkins and is planned for new residential development. It is proposed that the improvements for this area will be constructed by the developer (Burlington Homes), with acquisition of the improvements upon completion. The improvements include, in Tract improvements. The primary motive for combining the three subareas into a single assessment district is to reduce the total costs of legal proceedings and bond financing, passing the savings on to the property owners. January 22, 2001, 1:49PM G:\GROU PDAT~,DMINRP'r~2001~Jan31gAD01-1wilson.wpd ADMINISTRATIVE REPORT Page 2 It is intended to provide financing for all improvements in a single bond issue. Once the Agreement is adopted, the next step is for the assessment engineer to prepare a boundary map for the proposed district. January 22, 2001, 1:49PM G:\GROU PDA'I'~ADMINRP'F~2.001~an31~AD0'1-1 wilson.wpd ADMINISTRATIVE REPORT IMEETING DATE: January 31, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.m. TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Bart J. Thiltgen, City Attorney January 23, 2001 APPROVED DEPARTMENT.EAD CITY ATTORNEY ~ CITY MANAGER j/~ Approval of agreements regarding Governor's Water Project Agreement among City, Castle & Cooke California, Inc. and Kern County Water Agency for the acquisition of approximately forty (40) acres of real property located north of Stockdale Highway and east of future Jewetta Avenue extension for the purpose of water recharge and recreational uses. (Ward #4) Amendment No. 1 to Agreement No. 85-179 regarding Pioneer Extension Canal. (Ward #4) RECOMMENDATION: Staff recommends approval ofthe agreements. BACKGROUND: Two (2) future City park and recreation sites are proposed alorrg-StockdaleHighway, one is east of future Jewetta Avenue and the other is north of Buena Vista Road. The easterly park consisting of 30 acres will be adjacent to a future Castle & Cooke commercial development and be devoted to passive recreational uses such as picnicking and open space and will contain two lakes. Northwest of this location is the site of a future 40 acre multi-use recreational area. Thepurchase of the 40 acres from Castle & Cooke is part of the Kern River Restoration and Water Supply Project (Governor's Water Project) that is being funded by a $23 million grant from Water Bond 2000. The project includes the purchase of the Lower Kern River water rights, construction of up to 24 water wells, construction of piping and water transfer facilities and the purchase of this 40 acre parcel. The parcel will include a 10 acre groundwater recharge lake and a multi-purpose recreational open space facility. The 40 acre site has been appraised by an independent MAI appraiser at $4.1 million. The cash price to Castle & Cooke is $3.0 million. On November 13, 2000, the Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan and the purchase is contingent on such a finding. The second document referenced in the Subject above amends a 1985 agreement between the City and Castle & Cooke's predecessor, Tenneco Realty Development. The amendment identifies Castle & Cooke as Tenneco's successor to the rights and obligations of the original agreement and clarifies the terms and conditions under which Castle & Cooke can re-locate, if it chooses, the existing Pioneer ExtensionCanal to accommodate its commercial development adjacent to the future 30 acre park site. Approval of the agreements is the first step to begin the process of developing these park facilities. RMS:Isc S:\COU NCIL~Admins\KernRivRestorWaterSuppProject,wpd January 23, 2001 (12:01pm) ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 IAGENDA SECTION: Consent Calendar ITEM: 8. n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager January 11,2001 APPROVED DEPARTMENT HEAD CITY ATFORNEY Amendment No. 3 to SPCA Independent Contractor's Agreement (Increase of $3,614 Per Month to Cover Minimum Wage Increase) and Transfer $21,684 Council Contingency to the Non-Departmental Operating Budget within the General Fund. RECOMMENDATION: Staff recommends adoption of Amendment and approval of transfer $21,684 Council Contingency to the Non-Departmental Operating Budget within the General Fund. BACKGROUND: Beginning January 1,2001, a minimum wage increase of $ .50 per hour went into effect. For the SPCA, this increase equates to $3,614 per month. For the remainder of FY 2000-2001, this is an increase of $21,684. The SPCA's request is based on computations using an average equivalent man-hours worked in a typical six-month period, or 1,326.9 hours. This includes Animal Control on-call hours and holiday pay for Animat Control and Kennel Technicians. Twenty-nine of the thirty-five SPCA employees are affected by the computations which are based on a minimum wage starting point. The monthly increase is $3,614. The current monthly contract amount is $41,500. The increase would bring the monthly amount to $45,134 per month. The SPCA has indicated it plans to conduct an in-depth review of its animal control needs and expenditures in the next few months which it hopes will be addressed in budget requests beginning with the 2001-2002 fiscal year. (P:~SPCA~ADM01-01-31-1) January 23, 2001, 11:53am ADMINISTRATIVE REPORT I MEETING DATE: January 31,2001 AGENDA SECTION: Consent Calendar ITEM: 8. o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques R. LaRochelle, Interim Public Works Director January 25, 2001 APPROVED DEPARTMENT HEAD ~ '~'~ ~. CITY AI'I'O RN EY, E~ ~X~"~'~ CITY MANAGER Appropriate $557,212 PG&E Rebate to the Public Works General Fund Operating Budget for purchase of Light Emitting Diode (LED) green lights. (All Wards) RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: The State of California Department of Transportation has approved the use of LED green lights as a traffic control device. LED green lights are more cost effective to operate than the incandescent lights currently in operation. The Public Works Department is proposing to change green lights at all of the City's 253 traffic signals from incandescent to LED type. The estimated purchase cost for the LED lights total $557,212. PG&E will provide a rebate in the amount of $557,212 to cover purchase of the LED lights. The funds have been reserved for the City by PG&E from Energy Efficiency Rebate Funds set aside for the California Statewide Traffic Signal Rebate Program. To receive the rebate, the program requires all LED lights be installed prior to June 1, 2001. PG&E has estimated the City's annual electricity cost savings, at current rates, to be $150,000. Should the PG&E rebate not be available due to unforeseen circumstances, a loan from the Equipment Fund for any rebate shortfall amount shall be repaid with interest at $150,000 per year. The Equipment Fund will be reimbursed over a four year period from General Fund savings realized from energy reduction as calculated at today's rate. ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques LaRochelle, Interim Public Works Director DEPARTMENTHEAD..~f ' CITYATTO R N E ~,//~1'' January 8, 2001 ClTY MANAGER ~ Audit Reports: Acceptance of Independent Auditors' Report on Compliance with Contractual Requirements Relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2000. 2. Acceptance of 1999-00 Transportation Development Act Funds Financial Statements. RECOMMENDATION: Staff recommends referral to Budget and Finance Committee. BACKGROUND: Background information for each audit report is as follows: Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by Agreements 76-153(5), 76-153(4), 77-44, 85-197 and 92-106 apply to operation of the Bakersfield Subregional Wastewater Management Plan. The City's compliance with contract requirements is audited on an annual basis. The current Compliance Report, issued by the outside auditors, indicates that the City complied, in all material respects, with the program's guidelines. In compliance with the Kern Council of Governments Rules and Regulations, the California Public Utilities Code section 99245, and the California Code of Regulations section 6664, the attached financial statements for the Transportation Development Act Funds were prepared for the fiscal year ending June 30, 2000. The financial statement summarizes fiscal activity for the Streets and Roads Fund, and the Bikeway and Pedestrian Fund. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Randall and Reyes has issued an unqualified opinion. No other reports were issued by the accounting firm in regards to the above audit reports. ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 IAGENDA SECTION: Hearing ITEM: ~.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 4, 2001 DEPARTMENTHEA[~/y CITY ATTORN E/Y/C~' CITY MANAGER Resolution approving City Annexation No. 414, Proceeding No. 1290 uninhabited territory located generally north of Brimhall Road between Allen Road and Jenkins Road. (Ward 4) 1. Agreement to Indemnify LAFCO for City Annexation No. 414, Proceeding 1290. RECOMMENDATION: Staff recommends adoption of resolution and agreement. BACKGROUND: The representative for the property owner previously requested continuance of this item to this meeting. The Local Agency Formation Commission approved the annexation by adopting Resolution No. 00- 23, on December 19, 2000, with a condition the city indemnify LAFCO. The commission designated the City Council the conducting authority. There were no protests at the LAFCO hearing. This resolution makes findings that no written protest has been filed and ordering the territory designated as Annexation No. 414, annexed to the City of Bakersfield. LAFCO adopted Resolution No. 00-23 on December 19, 2000, with a condition that the city sign an agreement to indemnify LAFCO prior to the issuance of Certificate of Completion for the annexation. It provides that if LAFCO is sued for approving the City's application for annexation the city will bear the burden of defense. The annexation area consists of approximately 88 acres of uninhabited land, which is located north of Brimhall Road between Allen Road and Jenkins Road. The owner wishes to annex the site to the city to receive city services. MO:pjt admin~sept\1-31-a414 January 4, 2001, 9:25AM ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Hearings ITEM: c). b o TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director January 19, 2001 APPF[OVED CITY MANAGER ~ SUBJECT: Hearing to consider a Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City of Bakersfield. (All wards) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: In accordance with Section 15.82.060 of the Bakersfield Municipal Code, the following is the Public Works Director's annual report to the City Council with updated, new or additional information regarding the fee amount collected for the development of parks within the City. City staff recommends the following changes to this fee: Type of Dwellinq Unit PARK DEVELOPMENT FEE · PER DWELLING UNIT Proposed Fee Amount Current Fee Amount Proposed Increase Single Family Dwelling Duplex Dwelling Unit Multiple Family Dwelling Unit Mobile Home $635 $615 $20 $635 $615 $20 $635 $615 $20 $635 $615 $20 The park development fee is computed as follows: 10-acre park serves 4,000 people based upon the 2010 General Plan standard of providing park land at a rate of 2.5 acres per 1,000 population. 2. Cost of developing a 10-acre park is divided by 4,000 people to obtain a cost per person. The weighted average of persons per dwelling unit is calculated and is based upon the 1990 Federal Census of number of persons per dwelling unit. The weighted average of persons per dwelling unit is then multiplied by the development cost per person. This amount is the basis for the proposed development fee. ADMINISTRATIVE REPORT The park development fee was last adjusted in September 1997. At that time, the following fee adjustments were made: PARK DEVELOPMENT FEE PER UNIT Type of Dwellinq Unit Existing Fee Prior to 9-24-97 Council Action Revised Fee Single Family Dwelling Unit Duplex Dwelling Unit Multiple Family Dwelling Unit Mobile Home $670 $615 $545 $615 $505 $615 $475 $615 These changes resulted from the fo/lowing: · The acreage standard for a neighborhood park was changed from 6 acres to 10 acres. The fee was changed to a "fiat fee" based upon a weighted average of persons per dwelling unit. Prior to this change, the fee for each of the above dwelling units was based upon the number of persons per unit as computed by the 1990 Federal Census. Informational notices were mailed to the Building Industry Association, American Institute of Architects, and North Bakersfield Recreation and Parks District. ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Public Hearing ITEM: 9 o c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Eric W. Matlock, Chief of Police January 18, 2001 APPROVED DEPARTMENT HEAD~'~ CITY ATTORNEY CITY MANAGER Public Hearing on Proposed Expenditures of Bureau of Justice Assistance Local Law Enforcement Block Grant Funds. RECOMMENDATION: Staff recommends Council conduct public hearing on expenditure of BJA Local Law Enforcement Block Grant Funds and approve appropriations thereof. BACKGROUND: In October, 2000, the Bakersfield Police Depadment was awarded a $245,217 Local Law Enforcement Block Grant from the Bureau of Justice Assistance (BJA). The purpose is to provide local units of government with funds to underwrite projects to reduce crime and improve public safety. The Police Department desires to use these funds to purchase a new records management system and procure additional hardware in the form of mobile data terminals. The total program cost as submitted on the grant application is $272,463. The BJA provides 90% of the cost ($245,217) and the city (recipient) is required to provide the remaining cost ($27,246). The grant requires the funds to be expended by September 31, 2001. Prior to expending funds from the BJA Grant, the Police Department must comply with a number of grant conditions including the requirement that at least one public hearing be held on the proposed use of the Local Law Enforcement Block Grant Funds in relation to the department's overall budget. At the hearing, persons shall be given the opportunity to provide written and oral views to the Council about the entire budget and the relation of the grant to the entire budget. The special condition states that the public hearing shall be held at a time and place that allows and encourages public attendance and participation. Ik January 18, 2001, 10:12AM ADMINISTRATIVE REPORT IMEETING DATE: January 31, 2001 AGENDA SECTION: Public Hearings ITEM: 9 o d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning  P/~,OVE D DEPARTMENT HE~..~ January 23, 2001 CITY ATTORNE'¢/ CITY MANAGER /,7~_ ~ Negative Declaration for the Southeast Metropolitan Bakersfield Enterprise Zone. (Wards 1 and 2). RECOMMENDATION: Staff recommends adoption of the Negative Declaration. BACKGROUND: The project is to extend the life of the existing Metropolitan Bakersfield Enterprise Zone from 15 years to 20 years. The Enterprise Zone was originally created as an Employment and Economic area on October 15, 1986. The current expiration date of the zone is October 14, 2001. This project will extend the date five additional years to October 14, 2006. This project will not result in the development of land, nor will it change any zoning or general plan designation. It will continue to permit enterprise zone employers to qualify for various state tax benefits primarily when they employ qualified employees and purchase eligible machinery and equipment. Lending institutions may also receive a state tax deduction when making loans to businesses in the project area. According to the State of California Trade and Commerce Agency, Enterprise Zone companies are eligible for substantial state tax benefits pursuant to the State of California Revenue and Taxation Code (as amended), including: Credit for hiring qualified employees. Credit for sales or use tax paid or incurred on certain property. Business expense deduction for the cost of certain property. Net operating loss carryover. Preference points when enterprise zone businesses bid on state contracts. The enterprise zone status does not promote development that is not already permitted in the area. The site consists of various properties totaling approximately 4 square miles within the City of Bakersfield and the unincorporated County of Kern - Various street corridors and concentrations of mainly commercial and industrial lands in the Downtown, Urban Southeast, and East Bakersfield areas (central, southeast and eastern areas of the Metropolitan Bakersfield). The majority of the zone is in within the City of Bakersfield. Note: the Kern County Board of Supervisors will review this item in February 2001. Janua~J 23, 2001, 11:26AM admin/jan/1-31 ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Reports ITEM: 10.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques R. LaRochelle, Interim Public Works Director January 23, 2001 APPROVED DEPARTMENT HfiAD/~ City Manager Report No. 1-01 regarding status of the URS Greiner Woodward Clyde, a Division o~' U/{S Corporation for the Bakersfield Systems Study (Interim Public Works Director Jacques R. LaRochelle). RECOMMENDATION: BACKGROUND: Mr. Jacques R. LaRochelle, Intedm Public Works Director, Mr. Craig M. Pope, Director of County of Kern Roads Department, and Mr. Jeff Chapman, Project Manager for URS Corporation, will present the Council with a status report on the Bakersfield Systems Study. JRL/SLW:mrp January 23, 2001, 1:39pm G:\GROUPDAT~ADMINRPT~2001~Jan31\URSbakersfieldSystemstudy.wpd ADMINISTRATIVE REPORT IMEETING DATE: January 31, 2001 AGENDA SECTION: Reports ITEM: ].0.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager January 24, 2001 Report on Constituent Tracking Software APPROVED DEPARTMENT HEAD /~ CITY MANAGER ~ RECOMMENDATION: BACKGROUND: City staff has been evaluating computer software that would help us better track constituent service requests and City Council referrals. The goals of the new software are to: 1) provide an electronic database for track service requests, 2) provide faster response times to the Council and the public, and 3) allow the general public, the Council, and City staff to access completed referrals and service requests on the City's website. The City has purchased a software package called eworks. It is very flexible and will enable us to achieve the goals stated above. In addition, the software was created to work with our network and email system. MIS Director believes eworks is the best solution to our constituent tracking needs. Assistant City Manager, Alan Christensen, will give a short presentation on the software, how it works, and our progress on implementation. January 24, 2001, 11:30am S:~Adrnin Rpts~001\eworks software presentation.wpd ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Deferred Business TEM: ]. ].. a. TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Clerl~_~ DEPARTMENT HEAD DATE: January 23, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: Setting the date of the City Council Special Meeting to establish Goals for FY 2001-2002. RECOMMENDATION: Staff recommends Council Determination. BACKGROUND: At the January 17, 2001 meeting, staff was directed to poll the Council in order to set a date for the goal setting meeting. It was determined that the Mayor and Council will all be available on Saturday, February 10, 2001. However, Mayor Hall has a speaking engagement on that day from 11:30a.m. to 12:30 p.m. He has suggested the Council recess for lunch at that time. The next possible date for this session would be March 31, 2001. Council will also need to determine the time and location of this session. prnc S:\Council\admins~ADMINS\JAN31 DB-GOALS.wpd January 23, 2001, 11:16AM ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: Deferred Business ITEM: 11.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Pamela A. McCarthy, City Cler~)..,~/ DEPARTMENT HEAD January 23, 2001 CITY ATTORNEY c,TY MA.AOE. Establishment of City Center Expert Citizens Oversight Committee. / RECOMMENDATION: Staff recommends Council Determination. BACKGROUND: At the January 17, 2001 meeting, Council adopted a motion to establish an Expert Citizens Oversight Committee for the City Center Project with the full Council agreeing on the members. The establishment of this committee is to assist the Council by reviewing the financial information provided by the developer, and to continue until all information has been review. This item is before you for the purpose of determining the Committee members. pmc S:\Council\admins~ADMlNS\JAN3101DB1.wpd January 23, 2001,4:41PM ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: New Business ITEM: 12.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 16, 2001 APPRO. YED DEPARTMENT HEAD ~'~,~ CITY ATT ORNE--i /~--, CITY MANAGER An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map Numbers 124-08 AND 124-17 by changing the zoning from an R-1 (One-Family Dwelling) zone to an M-1 (Light Manufacturing Zone) on approximately 200 acres generally located south of Watts Drive, north of East White Lane, between Madison Street and South Union Avenue. Also included is a small rectangular area at the northwest corner of Watts Drive and Madison Street (ZC P00-835). (Ward 1) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On January 4, 2001, the Planning Commission adopted a resolution recommending approval of the zone change request made by the City of Bakersfield. The request is the change the zoning from R-1 (One Family Dwelling Zone) to M-1 (Light Manufacturing Zone) on approximately 200 acres. The purpose of the zone change is to allow continued use and future development of the site with airpark industrial/commercial uses. The City of Bakersfield is requesting this zone change because it was the intent of City Staff to change site zoning to an industrial zone when the Casa Loma Specific Plan was rescinded (November 3, 1999), but a mapping error identified the site a R-1 instead. The action before you will provide appropriate zoning to the site as originally intended. It is anticipated that the site will continue to be used as an airpark with related industrial and commercial uses consistent with the site's proposed M-1 zoning. As new development is proposed at the airpark, site plan review will be required, which will ensure development that is compatible with the existing uses and surrounding uses. This zone change shall be adopted by map (see attached zone maps 124-08 and 124-17). The request is consistent with the LI (Light Industrial) and PT (Public Transportation Corridor) Land Use designation of the Metropolitan Bakersfield 2010 General Plan. January 16, 2001, 8:46AM ADMINISTRATIVE REPORT Page 2 No one spoke in favor or opposition of the zone change request during the Planning Commission hearing. Potential impacts of the Bakersfield Airpark operations have previously been examined in the following documents: 2. 3. 4. The Bakersfield Airpark Master Plan Study, 1980 The Bakersfield Airpark Land Use Plan EIR, 1980 The Casa Loma Specific Plan EIR, 1985 The Bakersfield Airpark Master Plan Updated EIR, 1988 All required public notices have been given. Pursuant to California Environmental Quality Act Guidelines Section 15061 (b)(3) General Rule, the project is exempt from the provisions of CEQA and no further environmental documentation is necessary. JS (admin~jan\1-31-0835) January 16, 2001, 8:46AM ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: New Business ITEM: !2.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 4, 2001 DEPARTMENT H Ej.,~/'~~OVED CITY ATTORN'~_~ b~ CITY MANAGER ./~_ ~- An ordinance amending subsection H. of Section 6.28.170 of Title 16 of the Bakersfield Municipal Code relating to double frontage lots along streets which function as major streets. (All Wards) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: Proposed ordinance changes allow more flexibility to approve double frontage lots on major streets within a subdivision. Such lots are required to be separated by a 6' solid masonry wall along the major streets and have access to the interior local street. At the December 21, 2000 Planning Commission meeting, the Planning Commission recommended approval of the proposed ordinance amendment to City Council. No one spoke in opposition. At the November 16, 2000 Planning Commission meeting, the Commission reviewed and approved two subdivisions which proposed double frontage lots on local streets. The Planning Commission found that the double frontage lots were acceptable because the local streets in question functioned as major streets. Other subdivisions have been approved under similar circumstances (for example - Tract 5430 off of Grand Lakes Drive). At the November 16'h meeting, the Planning Commission asked staff to propose wording to clarify Section 16.28.170 H of the Bakersfield Municipal Code and allow flexibility to address this type of situation where local streets function as major streets. Under the proposed wording, the Planning Commission would still have to find that the proposed double frontage lots are reasonable due to controlling factors such as traffic, safety, appearance and setback. Staff would provide evidence in support or opposition to this finding through examination of individual subdivision applications. January 4, 2001, 8:51AM ADMINISTRATIVE REPORT Page2 Prior to the Planning Commission hearing, the BIA and engineering firms were given notice of the proposed ordinance amendment. No one was has expressed opposition to this proposal. Proposed ordinance changes are exempt from the California Environmental Quality Act (CEQA). JM (admin~jan\1-31 -dfl) January 4, 2001, 8:51AM ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: New Business ITEM: ].2.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 17, 2001 APPROVED DEPARTMENT HE~ _ CITY MANAGER An Ordinance Amending Title Seventeen, Section 17.28.020 of the Bakersfield Municipal Code adding Subsection D. related to additional uses in the M-1 (Light Manufacturing)Zone specific to the Bakersfield Airpark (All Wards) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: This ordinance amendment allows uses specific to the Bakersfield Airpark within the City's M-1 (Light Manufacturing) zone district to facilitate continued operation of the Bakersfield Airpark. On November 3, 1999, the City Council approved Resolution #166-99 which rescinded the Casa Loma Specific Plan. On November 17, 1999, the City Council approved Ordinance #3935 which provided site zoning for the area previously within the Casa Loma Specific Plan area. Site zoning was intended to be consistent with the previous Casa Loma Specific Plan Land Use Designations. In a parallel process related to this ordinance amendment, the Planning Director initiated a zone change to amend the zoning of the Bakersfield Airpark from R-1 (One Family Dwelling Zone), which was erroneously assigned to the site when the Casa Loma Specific Plan was rescinded, to M-1 (Light Manufacturing Zone). On January 4, 2001 the Planning Commission adopted a resolution recommending approval of the ordinance amendment request made by the City of Bakersfield to amend the text of Title 17 (Zoning Ordinance) to add certain uses to the M-1 zone applicable to property within the Bakersfield Airpark (see attached ordinance). The purpose of the ordinance amendment is to accommodate existing and reasonably foreseeable uses at the airpark. The City of Bakersfield is requesting this ordinance amendment because it is the intent of the City to allow airpark related industrial and commercial uses at the site. The ordinance amendment to the M-1 zone is specific to the Bakersfield Airpark property. The proposed ordinance text to be added to Section 17.28.020 of the Bakersfield Municipal Code is provided in the attached ordinance. January 17, 2001, 10:56AM ADMINISTRATIVE REPORT Page 2 The request is consistent with existing site development and the LI and PT Land Use designation of the Metropolitan Bakersfield 2010 General Plan. No one spoke for or against the zone change request during the Planning Commission hearing. All required public notices have been given. The City of Bakersfield has determined that this project is exempt from the California Environmental Quality Act (CEQA) and has filed a Notice of Exemption, The General Rule set forth in Section 15061 (b)(3) of the CEQA Guidelines apply to this amendment. No further environmental documentation is necessary. JS (admin~jan\1-31 -ap) January 17, 2001, 10:56AM ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: New Business TEM: ]_2. d. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning January 4, 2001 DEPARTMENT "EAD~ CITY MANAGER SUBJECT: An ordinance amending subsection B.8. of Section 16.32.060 and subsection D.8. of Section 16.32.080 of Title 16 of the Bakersfield Municipal Code relating to canal fencing within one quarter mile of a subdivision. (All Wards) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: Proposed ordinance changes allow the Planning Commission to require fencing between a proposed subdivision and a canal within 1/4 mile. Fencing may also be waived based on evidence of characteristics or circumstances which mitigate the need for fencing. Temporary fencing which will serve the same purpose as permanent fencing and can respond to variables such as project phasing or canal relocation can also be approved by the Planning Director. At the December 21, 2000 Planning Commission meeting, the Commission recommended approval of the proposal to the City Council. No one spoke in opposition. Recently, the City Council and Planning Commission have required open canals within 1/4 mile of residential projects to be fenced. The most recent examples include General Plan AmendmentJZone Change P00-0235 (south of Campus Park Drive, west of Old River Road) where the City Council required canal fencing within 1/4 mile of homes unless a wall was constructed (August 30, 2000). With approval of Tentative Tract 6008 on October 25, 2000, the Planning Commission required canal fencing within 1/4 mile of the subdivision. Due to the proximity of the above projects to each other, an overlap in canal fencing responsibilities occurred. In addition, a portion of the canal in question is scheduled for relocation. In response to these issues and the Commission's interest in protecting the public health, safety and welfare, on September 21, 2000, the Planning Commission appointed a canal fencing committee of Commissioners Brady (Committee Chairman), Munis-Kemper, and Tkac to examine the issue of "off site" canal fencing and report back to the Commission. January 4, 2001, 9:02AM ADMINISTRATIVE REPORT Input was received from canal companies, developers and Planning, Public Works, Water Resources and legal staff. The Committee's objectives were to: Determine if protection of the public health, safety and welfare warranted expanded ordinance requirements for offsite fencing of canals and if so: what criteria for fencing should be used what would trigger canal fencing who was to install the fencing who was to maintain the fencing Based on evidence provided in the committee meetings, the committee determined the following: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Development will continue to take place adjacent to and near open canals. Canals can be an attractive hazard to nearby populations generated by residential development. Seventeen people drowned in canals in Kern County from 1990 to 1999. Large concrete lined canals are difficult to get out of once a person has entered. Canal companies will not fence their canals as development occurs near them. Most canal companies will maintain fencing once it is installed. A 1/4 mile distance from a subdivision is a reasonable distance to require a fence or equal barrier between a proposed tract and a canal. Permanent fencing should be installed pursuant to the City's S-10 Engineering Design Manual standard. It is appropriate to allow flexibility in the application of the 1/4 mile requirement to account for existing fencing or barriers, canal structural characteristics, intervening land uses, effects on agricultural operations and project timing which mitigate the need for fencing. Required fencing should be installed prior to recordation of a subdivision phase (or portion thereof) within 1/4 mile of a canal. (NOTE: Building permits for model homes can be issued prior to recordation.) With regard to tentative tract maps, the proposed wording allows the Planning Commission to require fencing between the proposed subdivision and a canal within 1/4 mile. With regard to parcel maps, the wording has been rewritten to match the fencing standard of tentative tracts but does not add the wording regarding canals within 1/4 mile of the parcel map. Canal fencing is typically deferred until further subdivision in the case of parcel maps. Parcel map language already allows waiver of improvements if specific findings can be made. Prior to the Planning Commission hearing, the BIA, interested engineers and canal companies were sent a hearing notice with a staff report outlining the proposed changes. No one has expressed opposition to this proposal. Proposed ordinance changes are exempt from the California Environmental Quality Act (CEQA). JM (admin~jan\1-31-ct) January 4, 2001, 9:02AM ADMINISTRATIVE REPORT MEETING DATE: January 31, 2001 AGENDA SECTION: New Business ITEM: /j.~, ~. TO: Honorable Mayor and City Council APPROVED FROM: DATE: SUBJECT: Alan Tandy, City Manager January 24, 2001 CITY A'rFORNEY CITY MANAGER /*~/ Resolution calling for an advisory election regarding the multi-purpose stadium./'~/ / RECOMMENDATION: Staff recommends that the City Council continue to enhance the already strong citizen participation processes on this subject, instead of adopting the resolution. BACKGROUND: At the request of Councilmember Benham, staff has prepared a draft resolution calling for an advisory election regarding the multi-purpose stadium. Per her request, this resolution sets the date of June 5, 2001 for the election and would place the issue of the multi-purpose stadium before the registered voters. Should this resolution be adopted, it will be necessary for Council to adopt another resolution, at a future date, establishing the criteria for arguments and rebuttal. Additionally, the second resolution must clarify the actual language of the measure, to include the cost of the multi-purpose stadium. Councilmember Benham has good reasons, which we are sure she will articulate, for this proposal. In response to a question on this subject at the January 17, 2001 Council meeting, Ray Olmscheid, however, said he could not hold his tenants and their investments through the time frame involved and with the uncertainty. Without tenants, there is no financing - the project dies. The developer has reaffirmed this opinion since the issue of an election was again raised. Why would this happen if it is only a few months delay? The answer to that is that it is placing very large amounts of money into a status of complete uncertainty. The investors can take their money elsewhere, not having to face the uncertainty of an election, and that is what they would do. If this were a situation where a new tax was being proposed, or if the stadium concept was based on 100% funding by the City, an advisory election would work. Because past efforts with the City bearing the full burden were not successful, we have been involved in a long term, difficult, and complex effort to get the vast majority of the costs of the stadium to be picked up by the developer and baseball franchise. Unfortunately, the time frames and investment by the private sector are not compatible with the time frames associated with an election. rEs January 26, 2001, 8:54am P:'~Admin Reports& Related~Adm-2001\Stadium Ballot-Ben ham-012401 .wpd ADMINISTRATIVE REPORT .age 2 Appendix "A" which is attached, shows what will happen if the resolution is adopted, and if, as they say they will, the development group disappears. Essentially, the unfunded cost to the taxpayer increases from the area of $248,000 to $723,000+, and possibly more. Hank Stickney, who represents the California League of Professional Baseball, indicates that, from his knowledge of prospective buyers of the franchise, he believes they would back up and seriously question whether they would continue if the election requirement passes. If they would continue, he indicates they would probably wish to renegotiate the lease. The cost of an advisory election is estimated at $75,000. The City Council, with reasonable frequency, approves projects of similar costs. See Appendix "B". Public Particioation The City Council, to its credit, has already made the commitment to an unprecedented level of public participation, involvement, and feedback on this project, as shown by the following: Southeast PAC Monthly meetings Redevelopment Agency Ad Hoc Committee Updates at every meeting 10 meetings; 16 hours in sessions, to date Countless hours of reading and preparation, more sessions to follow Televising Ad Hoc Meetings Neighborhood Meetings The number viewing, based on direct comments, is very high 2 have been conducted; several more are planned Individual staff meetings with potentially impacted property owners Public Hearings + 20 have been held; dozens more planned Held to notice the district of the proposal; BZA conducted on EIR, others to be held in the future on the EIR, DDA, Amendment to the Southeast Redevelopment Plan, and 2 CUP's. City Council Status reports, presentation of development team, public actions News Coverage Due to public process and all above groups, there has been extraordinary frequency; multiple times per week in the news Public Presentations Done for anyone who asks: Chamber of Commerce GRC, DBA, CVB; and one scheduled before Chamber Board of Directors, Building Industry Associates, and Board of Realtors New Oversight Committee on Finances Created by City Council at January 17, 2001 meeting rks Janua~ 26, 2001, 8:54am P:~,dminReports&Related~Adm-2001\StadiumBallot-Benham-O12401.wpd ADMINISTRATIVE REPORT Page 3 Ideas for Enhanced Public Particioation Continue all of the above Notice service clubs, interest groups, etc. that presentations and speakers are available · Prepare a full scope briefing on the project, to be aired on KGOV and to be placed on the City web page. Make it available on tape for those interested. · Have updates on each Ad Hoc, Agency, and Council meeting between now and final consideration of the project. · Make special efforts to advertise future public hearings on key issues before Ad Hoc, Agency, and Council consideration. · Appear before Editorial Boards of any news agencies willing. Summary Unfortunately, much water was under the bridge by the time the advisory election concept was raised. While the concept would be compatible with a proposal for the City to fully fund a project, it is not, at this point in time, compatible with the time frames for the private sector contributions in process. It is also worth notation that this is a complex, multi-faceted proposal. Note the time commitment of the Ad Hoc Committee that has been necessary to understand the issues to prepare to vote. Public interest has already been very strong and can be further enhanced. rks January 26, 2001, 8:54am P:~AdrninReports&Reiated~dm-200 l\Stadiurn Ballot-Benham -012401 .wpd