Loading...
HomeMy WebLinkAbout05/21/08_CC_AGENDA_PACKETBAKERSFIELD CITY COUNCIL 0 • AGENDA MEETING OF MAY 21, 2008 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 & Closed Session item(s) only during this portion of the meeting) 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code section 54956.9 (Three cases) 1. City vs. City of Shafter (CEQA), et al Kern County Superior Court Case No. S-1500-CV-260277-RJO 2. City v. North Kern Water Storage District, et al Kern County Superior Court Case No. S-1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 3. City v. Oildale Mutual Water Company Kern County Superior Court Case No. S-1500-CV-260384- LPE b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. (Two issues) C. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 RECONVENED MEETING - approximately 6:30 p.m. 5. ROLL CALL INVOCATION by Pastor Max Van Dyke, Christ Cathedral. 7. PLEDGE OF ALLEGIANCE by Gwyneth Conroy, Kindergarten Student at Ronald Reagan Elementary. 8. CLOSED SESSION ACTION 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Bill Burgemaster, Volunteer for Make-A- Wish Foundation, proclaiming June 3, 2008 as "Make-A-Wish Destination Joy Day". b. Presentation by Mayor Hall of Proclamation to Major David Ebel, Kern County Coordinator, The Salvation Army Bakersfield Citadel, proclaiming May 19-25, 2008, as "National Salvation Army Week". 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 7, 2008 Regular City Council Meeting. Payments: b. Approval of department payments from April 25, 2008 to May 8, 2008 in the amount of $20,893,624.25 and self-insurance payments from April 25, 2008 to May 8, 2008 in the amount of $203,319.28. Ordinances: (Wards 1 & 6) c. First Reading of Ordinance amending Municipal Code Sections 1. 12.010 and 1. 12.060 by adding Annexation No. 558 consisting of 42,706 square feet, located on the south side of Terrace Way, between Wible Road and Delfino Lane to Ward 1 and Annexation No. 586 consisting of 1.55 acres, located on the south side of Taft Highway, between Ashe and Stine Roads to Ward 6. (Ward 4) d. First Reading of Ordinance approving a Notice of Exemption and amending Section 17.06.020 (Zone Map No. 102-19) of Title Seventeen of the Municipal Code by changing the zoning from A (Agriculture) and R-S-1A (Residential Suburban -1 acre minimum lot size) to E/CH (Estate/Church Overlay) on 3.65 acres located at the southwest corner of Meacham Road and Calloway Drive (ZC #07-2273, Michael H. McAlister representing Cornerstone Church) (Ward 2) e. First Reading of Ordinance adopting the Notice of Exemption and approving a zone change from PCD (Planned Commercial Development) to PCD on approximately 1.8 acres of a larger 16.75 acre commercial center located generally at 5200 Stockdale Highway. (ZC #07- 2195, Milestone Management) (Ward 3) f. Adoption of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of Title Seventeen of the Municipal Code by changing the zoning from R-1 (One-Family Dwelling) to R-3/P.U.D. (Multi-Family Dwelling/Planned Unit Development) on 9.76 acres located generally south of Bernard Street between New Market Way and Oswell Street (ZC #07-1977, San Joaquin Engineering, representing Central California Conference of the Seventh Day Adventists) Resolutions: (Ward 2) g. Resolution determining that a pedestrian bridge truss for Mill Creek Linear Park cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with the bidding therefore, not to exceed $64,000. (Ward 4) h. Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 555 consisting of 44.03 acres, located on the south side of Seventh Standard Road, west of the Calloway Canal. i. Resolution of Intention No. 1598 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and its 2008-2009 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. 2 City Council Meeting of 05/21/2008 12. CONSENT CALENDAR continued Resolution of Intention No. 1599 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and its 2008-2009 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. (Wards 1, 3,4 k. Resolution of Intention No. 1600 preliminarily adopting, confirming and approving Public 5, 6, & 7) Works Director's report for twelve Traffic Signal Maintenance Districts and their 2008-2009 budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. (Ward 6) I. Resolution of Intention No. 1601 adding territory, Area 2-38 (Akers, Alum NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3) M. Resolution of Intention No. 1602 adding territory, Area 4-84 (Canyons #1) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Agreements: (Ward 7) n. Final Map and Improvement Agreements with John Balfanz Homes, Inc., for Tract 6353 Phase 2 located south of Hosking Avenue and west of State Highway 99. (Ward 6) o. Agreements with Fairway Oaks South, LP, to acquire a parcel of land for a water well in exchange for the waiver of water availability fees owed to City by Fairway Oaks South, LP. 1. Contract to purchase real property with Fairway Oaks South, LP for a water well site located in Tract 6167 near Pacheco and Old River Roads. 2. Purchase/Exchange Agreement with Fairway Oaks South, LP to exempt water availability fees in exchange for water well site located in Tract 6167 near Pacheco and Old River Roads. P. Agreement with Simpleview, Inc. (not to exceed $72,776) for web site consulting, development and customer relationship management services of fully integrated, database- driven website system for the Convention & Visitors Bureau. q. Agreement with Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen (not to exceed $150,000 for each contract years one & two with an additional option year) for Workers' Compensation Legal Services to be exercised at the City's discretion and paid from the Self- Insurance Fund. (Ward 7) r. Agreement with Jasvinder Deol ($92,000) to purchase real property located at 2833 Hosking Road to widen Hosking Road. (Ward 7) s. Agreement with Mike and Cindy Henson ($222,000) to purchase real property located at 3200 Hosking Road to widen Hosking Road. (Ward 4) t. Agreement with KBA Engineering, LLC ($634,000) to purchase real property located at 2157 Mohawk Street for the Westside Parkway. (TRIP) U. Agreement with Clifford & Brown ($225,000) for legal services for fiscal years 2008/2009 and 2009/2010. 3 City Council Meeting of 05/21/2008 12. CONSENT CALENDAR continued (Ward 3) (Ward 6) (Ward 2) 13. (Ward 2) V. Agreement with Marderosian, Runyon, et al ($750,000) for legal services for fiscal year 2008/2009 and 2009/2010. W. Agreement with the County of Kern to pay the City (not to exceed $15 million for a five year period) for processing of greenwaste material at the Mount Vernon Greenwaste Facility. Bids: X. Accept bid to award contract to North American Digester Cleaning Services ($42,000) to clean digesters at Wastewater Treatment Plant #3. Y_ Accept bid and award contract to Rudnick Fence Company ($399,000) for Mill Creek Linear Park Project Pond Railing. Z. Accept bid from Computer 1 Products of America, Inc. ($74,887.31) for Nortel Ethernet Routing Switches for the Information Technology Division. aa. Accept bid from Recreonics, Inc. ($43,139.05) for commercial pool equipment for the Recreation and Parks Department. Miscellaneous: bb. Revised job specifications for Fleet Service Worker I, Fleet Service Worker II and Fleet Mechanic I. cc. Revised job specification for Traffic Signal Technician. dd. Department of Housing & Urban Development (HUD), HOME Investment Partnership Action Plan Amendment No. 4 (FY 06/07). ee. Budget and Finance Committee recommends acceptance of 2006-07 Transportation Development Act Funds Financial Statements. ff. Appropriate $25,000 Asset Forfeiture Funds to the Police Department's Capital Improvement Budget within the Capital Outlay Fund for the purchase of a new engine and overhaul of the narcotics airplane. Staff recommends adoption of Consent Calendar items a through ff. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution adopting fees pursuant to the Cost Recovery System. (Budget and Finance Committee recommends adoption of resolution.) b. South Mill Creek Mixed-Use Project - Underground Utility District. (Staff recommends overriding protests and adopt resolution,) Public Hearing to consider Resolution of Intention No. 1590 declaring the City's intention to order the establishment of Underground Utility District No. 2, Division 32. 2. Resolution establishing Underground Utility District No. 2, Division 32. 4 City Council Meeting of 05/21/2008 14. HEARINGS (Ward 2) a. Public Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of a portion of property and temporary construction easement over and across certain property located between Rosedale Highway and the Kern River, specifically 2349 Parker Lane (A & A Land Company, LLC, owner), for the Westside Parkway project. (Code Civ. Proc. § 1240.010) (TRIP) Staff recommends adoption of resolution (ward 2) b. Public Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of a temporary construction easement over and across certain property located between Rosedale Highway and the Kern River, specifically 2221 Mohawk Street (Chemex, Inc., owner); for the Westside Parkway project. (Code Civ. Proc. § 1240.010) (TRIP) Staff recommends adoption of resolution. (Ward 4) c. General Plan Amendment/Zone Change 07-2098 and PD Review 08-0686; McIntosh & Associates, representing Castle & Cooke Commercial, the property owner, has applied for a general plan amendment, zone change and preliminary development plan approval on approximately 47 acres located west of Calloway Drive, between Stockdale Highway and the Kern River. (Continued from General Plan Amendment Cycle, May 21, 2008) Resolutions adopting the Land Use Element and Kern River Plan Element Amendments of the General Plan modifying conditions for a proposed commercial center as follows: a. Approve the request to increase in the maximum size of an individual tenant from 100,000 square feet to 140,000 square feet. b. Deny the request for another traff ic signal along Stockdale Highway. C. Add a PCD overlay zone on the entire 47-acre project site. 2. First reading of ordinance amending Title 17 of the Municipal Code changing the zoning from C-2 to C-2/PCD. 3. Resolution approving a Planned Development (PD) Review for the Riverwalk Commercial Center, a 500,000 square foot mixed-use commercial development. Staff recommends adoption of resolutions, give first reading to ordinance and approval of the planned development review. 5 City Council Meeting of 05/21/2008 44. HEARINGS continued (Ward 7) d. General Plan Amendment/Zone Change 06-1052; Maurice J. Etchechury, representing The John M. Antongiovanni Trust, the property owner, has applied for a general plan amendment and zone change on approximately 20 acres located in southwestern Bakersfield at the southwest corner of Panama Lane and Ashe Road. (Continued from General Plan Amendment Cycle, May 21, 2008) Resolution making findings and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 06-1052. 2. Resolution adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on approximately 20 acres. 3. First reading of ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-28 from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 20 acres. Staff recommends adoption of resolutions and give first reading to ordinance. 15. REPORTS 16. DEFERRED BUSINESS 17. NEW BUSINESS a. Budget and Finance Committee recommendation regarding the expansion of the City's refuse reduction programs. Budget and Finance Committee recommends Council direct staff to hire a consultant to study the cost and advisability of proceeding with a `Material Recovery Facility (MRF), as well as a long-term comprehensive refuse reduction program. 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager 05/15/08 9:35 AM 6 City Council Meeting of 05/21/2008 AGENDA HIGHLIGHTS MAY 21, 2008 COUNCIL MEETING REGULAR MEETING - 5:15 p.m. CLOSED SESSION There will be a conference with legal counsel regarding three cases of existing litigation and two cases of potential litigation. There will also be a conference with the labor negotiator. CONTINUATION OF REGULAR MEETING - approximately 6:30 p.m. CONSENT CALENDAR Ordinances Item 12d. First Reading of an Ordinance Approvina a Notice of Exemption and Amending the Municipal Code by Chanaina the Zonina from A and R-S-1A to E/CH on 3.65 Acres Located at the Southwest Corner of Meacham Road and Calloway Drive. Michael H. McAlister, representing Cornerstone Church, proposes that the Church be allowed to expand its building to include a multi-purpose building (a temporary 3,450 square feet sanctuary), two commercial coaches (1,440 square feet each utilized as classroom space), and a future sanctuary building (8,000 square feet) as part of a three phased project. The action will bring the zoning into conformance with the Metropolitan Bakersfield General Plan Land Use designation on the property. On April 3, 2008, the Planning Commission recommended adoption by the City Council. No one spoke in opposition at the hearing. Item 129. First Reading of an Ordinance Approving a Notice of Exemption and Amending the Municipal Code by Chanaina the Zoning from PCD to PCD on approximately 1.8 Acres of a Larger 16.75 Acre Commercial Center Located Generally at 5200 Stockdale Highway. The proposal would accommodate the development of a 12,900 square foot pharmacy on a previously-developed 1.8-acre pad site that was previously developed as the Ralph's gas station and convenience store. On May 1, 2008, the Planning Commission recommended approval to the City Council. No one spoke in opposition at the hearing. Resolutions Item 12g. many time sensitive elements, one of which is the pedestrian bridge truss, which needs to be completed before other portions of work can be constructed. The City received no bids in response 'to the solicitation, nor were there any responses to direct contact with several general contractors. ConTech Bridge Solutions, Inc., a bridge fabrication company, responded with a reasonable quote to do the fabrication work. Contech is a recognized firm in the industry and fully capable of providing the bridge truss needed for the park. Aareements Item 12s. Agreement with Mike and Cindy Hensen to Purchase Real Property Located at 3200 Hoskina Road to Widen Hoskina Road in the amount of $222,000. In anticipation of the future interchange at Hosking Road and Highway 99, the City is purchasing additional right-of-way from a number of parcels along Hosking Road. This property is approximately 12,043 square feet in size and is zoned R-S. Item 12t. Agreement with KBA Engineering. LLC to Purchase Real Property Located at 2157 Mohawk Street for the Westside Parkway in the amount of $634.000. The agreement sets forth the mutually agreeable mitigation measures that will reduce the impact to KBA's operations. Additionally, KBA is granting the City a temporary construction easement to allow for the construction of the Mohawk Street improvements. Items 12u. and 12v. contracts will extend over the next two fiscal years. The only change in the agreement with Clifford & Brown is that the hourly rate for cases handled outside the 30-case per year cap will be $160 per hour in FY 2009/2010 rather than the current rate of $150 per hour. There are no changes to the contract with Marderosian, Runyon. Item 12w. yreenwaste Facility in an amount not to exceed $15.000.000 for a Five-Year Period. The County pays a prorated share of the facility expenses, according to the percentage of County greenwaste processed at the facility. The current five-year agreement in the amount of $8,990,000 will expire on June 30, 2008. Under this new agreement which would become effective June 1, 2008, the County will contribute up to $15,000,000 for cost-sharing purposes over a period of five years. The Kern County Board of Supervisors will consider the Agreement at their regular meeting of June 10, 2008. Bids Item 12y. Award Contract to Rudnick Fence Company for the Mill Creek Linear Park Project Pc Railing in the amount of $399.000. Invitations to bid were sent to over 200 contractors. Th acceptable bids were received. Staff recommends awarding the contract to Rudnick Fence Company. Miscellaneous Item 12dd. Department of Housing & Urban Development (HUD). HOME Investment Partnership Action Plan Amendment No. 4 (FY 2007/07). Staff is proposing to increase New Construction Assistance in the amount of $572,825 for housing development assistance for costs associated with the construction of affordable housing at 701 Union Avenue. Staff also proposes to decrease the Housing Urban Development Down payment Assistance in the amount of $572,825 for down payment and closing costs assistance to help low-income buyers purchase a home in the Downtown, Southeast Bakersfield and Old Town Kern-Pioneer Project Areas. Due to the slow down in the real estate market, the down payment funds are not being drawn down as quickly and will be replenished with future HOME Entitlement funds. CONSENT CALENDAR HEARINGS Item 13a. Public Hearing to Consider a Resolution Adopting Fees Pursuant to the Cost Recovery System. Attached to the administrative report is a list of fee increases based on the CPI Index of 4.2%. There are three increases that are above the CPI, plus the Development Services Department is proposing some new fees to recover costs associated with Code Enforcement activities. The Building Industry Association reviewed the fees and has taken a neutral position. The Budget and Finance Committee reviewed the proposed fee changes at their April 28, 2008 meeting and recommend approval. Item 13b. Public Hearing to Consider a Resolution of Intention to Establish an Underground Utility District for the South Mill Creek Mixed-Use Project. Council approved the Resolution of Intention on March 26, 2008. This hearing is required by law to take comment on the project. It should be noted that the District will be constructed at no cost to the City using PG&E Rule 20A Funds. Agenda Highlights - May 21, 2008 Council Meeting Page 2 HEARINGS Items 14a. and 14b. Public Hearings to Consider Resolutions of Intention to Acquire Properties and Temporary Construction Easements for the Westside Parkway Project. The first property and proposed temporary construction easement is owned by A & A Land Company, LLC, and is located at 2349 Parker Lane. The property consists of approximately 1.425 acres bordering Mohawk Street and the easement is approximately 1.062 acres. The second easement is located at 2221 Mohawk Street and is approximately 15,765 square feet. Both easements will be abandoned once the construction of this phase of the Project is complete. Item 14c. Public Hearing to Consider a General Plan Amendment. Zone Change and Planned Development on Approximately 47 Acres Located West of Calloway Drive, between Stockdale Highway and the Kern River. McIntosh & Associates, representing Castle & Cooke Commercial, the property owner, proposes to increase the maximum allowable single tenant retail space from 100,000 square feet to 140,000 square feet Gross Leasable Area (GLA). The applicant also requests installation of a traffic signal along Stockdale Highway approximately 1,200 feet west of Calloway Drive. This item was continued from the May 7, 2008 Council meeting in order to give the applicant and staff an opportunity to discuss traffic circulation, architectural design, and compatibility of the center with the adjacent public park (Park at River Walk). To address the concerns, the applicant agreed to place the PCD overlay zone (C-2/PCD) across the entire site so that significant changes to the project will undergo a more thorough staff and public review by the Planning Commission. Since the project is being developed in phases, and changes are anticipated to occur due to marketing and economic conditions, the developer will be able to clearly show how these changes will continue to integrate with existing park functions and area development. Additionally, the City will have the ability to further define and include discretionary conditions to ensure this compatibility is maintained. The applicant also agreed to additional conditions as listed in the administrative report. Existing conditions have been updated to reflect new ordinances and conditions not initially known in 2001 when the commercial zoning was adopted. Regarding the request to include an additional traffic signal along Stockdale Highway, the City Engineer indicated that he will not approve additional signals; therefore, the condition has been removed. On April 3, 2008, the Planning Commission recommended approval of the applicant's two condition changes. Although the Commission did not consider the addition of an overlay zone or review the new conditions being proposed, the Municipal Code allows the City Council at this public hearing to approve a more restrictive zone, and add conditions to further define and enhance a project. The Project has generated considerable controversy, and the record includes correspondence both objecting and supporting the project. However, with the additional conditions and the cooperative effort by the developer to assure the project maintains compatibility with park functions and the image initially portrayed to the City Council in 2001, staff recommends approval of the project as amended. Item 14d. Public Hearing to Consider a General Plan Amendment and Zone Change on Approximately 20 Acres Located at the Southwest Comer of Panama Lane and Ashe Road. This item was continued from the May 7, 2008 Council meeting as a result of notification from John Furrow with M.R. Wolf and Associates, P.C. that he had received two notices with different hearing dates. Mr. Furrow also stated that there are unmitigated significant impacts and an environmental impact report is required. Maurice J. Etchechury, representing The John M. Antongiovanni Trust, the property owner, propose a development that will include approximately 137,609 square feet of leasable retail space. On March 20, 2008, the Planning Commission recommended certification of the Final EIR and approval of the project Agenda Highlights May 21, 2008 Council Meeting Page 3 to the City Council. No individuals or agencies opposed the request and the applicant agreed to all conditions and mitigation for the project. NEW BUSINESS Item 17s. Budget and Finance Committee Recommendation regarding the Expansion of the City's Refuse Reduction Programs. Councilmember Scrivner, who represents the City on the Kern County Solid Waste Management Advisory Committee and Local Task Force (SWMAC/LTF), referred this issue to the Budget and Finance Committee. A proposal was received by Metropolitan Recycling Corporation (MRC) to develop a transfer station and material recovery facility (MRF) to serve Metropolitan Bakersfield, and SWMAC/LTF recommended that the proposal be presented to both the City Council and Board of Supervisors. On March 31, 2008, the Budget and Finance Committee discussed the MRC proposal in addition to other proposals presented at the meeting. Staff also presented a report that included a number of alternative options that would have the potential of increasing recycling rates and reducing air emissions. The Committee voted (2 to 1) to recommend that the City retain a consultant to produce a long-term refuse reduction program for Metropolitan Bakersfield that will analyze all proposals that had been presented at that time. The item was then placed on the April 23, 2008 Council agenda, at which time Councilmember Benham, who made the original motion at the March 31, 2008 Budget and Finance Committee meeting, referred the matter back to the Budget and Finance Committee for further consideration. The Committee again discussed the issue on April 28, 2008 when it was decided, by a unanimous vote, to reconsider the March 31, 2008 recommendation and to forward a revised recommendation to the City Council. This recommendation directs staff to hire a consultant to study the cost and advisability of proceeding with plans for a "clean" or "dirty" Material Recovery Facility (MRF), as well as a long-term comprehensive refuse reduction program, and Public Works staff is directed to provide Council with suggestions on how the City can advance the current "blue cart" recycling program beyond its current scope, including expansion to multi-family and commercial locations. A draft scope of the consultant study is attached to the administrative report. This project is not budgeted, and will require additional appropriation of funds once a consultant is selected and the fee is determined. A rough cost for the study is between $250,000 and $300,000. It is expected that the cost of this study will be shared with the County under the solid waste MOU. It is estimated that the entire study will take approximately one .year from beginning to end. Approved: Rhonda Smiley, Assistant to the City Manager_ cc: Department Heads City Managers File City Clerk's File News Media File Agenda Highlights - May 21, 2008 Council Meeting Page 4 05/21/08 City Council Meeting There is no CD-Rom for this meeting. A S U p I ADMINISTRATIVE REPORT MEETING DATE: May 21, 2008 AGENDA SECTION: Closed Session ITEM: 14 c L. _ C . TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD ✓e DATE: May 13, 2008 CITY ATTORNEY I/(; CITY MANAGER kS SUBJECT: 1. Conference with Legal Counsel - Existing Litigation' Closed session pursuant to subdivision (a) of Government Code section 54956.9 (Three cases). City of Bakersfield v. City of Shafter (CEQA), et al Kern County Superior Court Case No. S-1500-CV-260277-RJO City of Bakersfield v. North Kern Water Storage District, et al Kern County Superior Court Case No. S-1500-CV-260360-AEW Tulare County Superior Court Case No. 224933 City of Bakersfield v. Oildale Mutual Water Company Kern County Superior Court Case No. S-1500-CV-260384-LPE 2. Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (Two issues) 3. Conference with Labor Negotiator pursuant to Government Code section 54957.6 GGAII SACOUNCIL\CI Sess\Admins\07-08\5-21-08ExistLit3LaborNegPotLit2.doc A ~ ~,wvot",ye ADMINISTRATIVE REPORT L1F0 MEETING DATE: May 21, 2008 AGENDA SECTION: Presentations ITEM: . CL. TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Mayor Harvey L. Hall May 12, 2008 Presentation by Mayor Hall of Proclamation to Bill Burgemaster, Volunteer for Make-A-Wish Foundation, proclaiming June 3, 2008, as "Make-A-Wish Destination Joy Day". D DEPARTMENT HEAD ATTORNEY CITY MANAGER RECOMMENDATION: BACKGROUND: ndw May 12, 2008, 10:54AM S:\MAYOR\ADMIN\2008\MAKE A WISH.dot A OFyww., ADMINISTRATIVE REPORT NL♦ IF O MEETING DATE: May 21, 2008 AGENDA SECTION: Presentations ITEM: q, L TO: Honorable Mayor and City Council APPROVED FROM: Mayor Harvey L. Hall DEPARTMENT HEAD DATE: May 15, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by Mayor Hall of Proclamation to Major David Ebel, Kern County Coordinator, The Salvation Army Bakersfield Citadel, proclaiming May 19-25, 2008, as "National Salvation Army Week". RECOMMENDATION: BACKGROUND: ndw May 15, 2008, 9:15AM S:WIAYORWDMINTOWSALVATION ARMY WEEK.dot bAK 44 ADMINISTRATIVE REPORT ~ u MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: /a. a, TO: FROM: DATE: SUBJECT Honorable Mayor and City Council Pamela McCarthy, City Clerk May 12, 2008 CITY MANAGER Approval of minutes of the May 7, 2008 Regular Council Meeting. APPROVED D C T DEPARTMENT HEA CITYATTORNEY RECOMMENDATION: Staff recommends approval. BACKGROUND: kt MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 8, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Approval of department payments from April 25, 2008 to May 8, 2008 in the amount of $20,893,624.25 and Self Insurance payments from April 25, 2008 to May 8, 2008 in the amount of $203,319.28. RECOMMENDATION: Staff recommends approval of payments totaling $21,096,943.53. BACKGROUND: RAR May 8, 2008, 2:30PM S AR i ch a rd W P W D M I N-A P. d oc A ADMINISTRATIVE REPORT 'MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: / Q. C TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: May 1, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Sections §1.12.010 and §1.12.060 by adding Annexation No. 558 consisting of 42,706 square feet, located on the south side of Terrace Way, between Wible Road and Delfino Lane to Ward 1 and Annexation No. 586 consisting of 1.55 acres, located on the south side of Taft Highway, between Ashe and Stine Roads to Ward 6. (Wards 1 & 6) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: This ordinance amends the ward boundaries to include Annexations 558 and 586 into corresponding Council wards. These annexations were recently approved by LAFCO. Annexation No. 558 is located on the south side of Terrace Way, between Wible Road and Delfino Lane. The annexation territory consists of 42,706 square feet and includes three separate residential properties. The property owners requested annexation to receive city services. Annexation No. 586 is located on the south side of Taft Highway, between Ashe and Stine Roads. The property consists of 1.55 acres. The property is currently undeveloped and zoned for commercial use. The property owner requested annexation for development purposes and to receive city services. S:1Annexation\Ordinances\2008\Admin Draft 5-21 558 & 586.DOC MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: May 2, 2008 CITY ATTORNEY CITY MANAGER ~S SUBJECT: First reading of an ordinance approving a Notice Exemption and amending Section 17.06.020 (Zone Map No. 102-19) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from A (Agriculture) and R-S-1A (Residential Suburban - 1 acre minimum lot size) to E/CH (Estate/Church Overlay) on 3.65 acres located at the southwest corner of Meacham Road and Calloway Drive (ZC # 07-2273 - Michael H. McAlister representing Cornerstone Church) (Ward 4) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On April 3, 2008, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council. The zone change request consists of changing the zoning from A (Agriculture) and R-S-1A (Residential Suburban -1 acre minimum lot size) zone to a E/CH (Estate/Church Overlay) zone on 3.65 acres. The reason for the request is to bring the zoning into conformance with the Metropolitan Bakersfield General Plan Land Use designation on the subject property. The site is currently developed and utilized for church use. No one spoke in opposition to the project at the Planning Commission hearing. On June 11, 2002, the Board of Zoning Adjustment approved the Conditional Use Permit to allow the existing church, Cornerstone Church, to expand its building to include a multi-purpose building (a temporary 3,450 square feet sanctuary), two commercial coaches (1,440 square feet each utilized as classroom space), and a future sanctuary building (8,000 square feet) as part of a three phased project. The church has completed phase one of the three phased project being the existing 3,450 square foot multi-purpose building, the additional parking area to meet the City's parking requirements, and a block wall behind the new multi-purpose building. Based upon an initial environmental assessment, staff has determined the proposed project is exempt pursuant to CEQA Section 15061(b)(3). Staff recommends first reading of the zone change. TJ / S: IDanaIADM/NS12008Way15-21-2273 1. doc April 25, 2008 MEETING DATE: May 21, 2008 J AGENDA SECTION: Consent Calendar ITEM: G ; TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: May 12, 2008 CITY ATTORNEY CITY MANAGER AS SUBJECT: First reading of an Ordinance adopting the Notice of Exemption and approving a Zone Change from PCD (Planned Commercial Development) to PCD on approximately 1.8 acres of a larger 16.75 acre commercial center generally located at 5200 Stockdale Highway. (ZC #07-2195 - Milestone Management) (Ward 2) RECOMMENDATION: Staff recommends first reading of the Ordinance. BACKGROUND: The proposal would accommodate the development of a 12,900 sq. ft. pharmacy on a previously- developed 1.8-acre pad site at 5200 Stockdale Highway. This site was previously developed as the Ralph's gas station and convenience store, and is part of a larger 16.75-acre PCD (Planned Commercial Development). Thus, staff reviewed the preliminary development plan in context of the commercial center as a whole, and determined that plans conform to applicable parking, architectural, and landscaping requirements. No additional changes to the commercial center are proposed as part of this application; and properties in the vicinity of the project site are generally developed with similar commercial uses. The Planning Commission conducted a public hearing on the proposed PCD zone change and recommended approval to the City Council on May 1, 2008. No one spoke in opposition to the project at the Planning Commission hearing. Staff determined that the project was considered in-fill development; and thus exempt from CEQA under Section 15332. A Notice of Exemption was prepared on April 2 2008 in accordance with CEQA. RB: - S:\ZoneChange\yr 2008\07-2195\Hdmin Report 07-2195.doc MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council APPROVED FROM: Stanley C. Grady, Development Services Director DEPARTMENT HEAD DATE: May 2, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Adoption of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-1 (One-Family Dwelling) to R-3/P.U.D. (Multi-Family Dwelling/Planned Unit Development) on 9.76 acres located generally south of Bernard Street between New Market Way and Oswell Street (ZC # 07-1977 - San Joaquin Engineering, representing Central California Conference of the Seventh Day Adventists) (Ward 3) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on May 7, 2008. On April 3, 2008, 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-3/P.U.D. (Multi-Family Dwelling/Planned Unit Development) on 9.76 acres. The applicant had requested a zone change to an R-3 (Multi-Family Dwelling) zone to allow multi-family residential units on the project site. Staff and the Planning Commission are recommending the zone change to be an R-3/P.U.D. (Multi-Family Dwelling /Planned Unit Development) zone to provide public comment on the design of higher density residential units by surrounding single-family residential owners prior to development. No plans have been submitted. The zone change will bring the project site into conformance with the HR (High Density Residential) General Plan Land Use designation on the subject property. The site contains an abandoned and vandalized school site, originally constructed in 1954. No one spoke in opposition to the project at the Planning Commission hearing. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. May 5, 2008, 11:52AM PlannerPE /S:IDanaI4DMINS12008Wayl5-21-1977 2.doc MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: / TO: Honorable Mayor and City Council FROM: Stanley C. Grady, Development Services Director DATE: May 1, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 555 consisting of 44.03 acres, located on the south side of Seventh Standard Road, west of the Calloway Canal. (Ward 4) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield identified as Annexation No. 555 consisting of 44.03 acres, located on the south side of Seventh Standard Road, west of the Calloway Canal. The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owner has consented to annexation. The proposal is to annex the land for development purposes and to receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL:dc S:Wnnexation\Res of ApplidAdmin Draft 555.doc A KE ADMINISTRATIVE REPORT ~ALrFO ~ MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: Id, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 8, 2007 APPROVED DEPARTMENT HEAD- hy Z-7 CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1598 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and its 2008- 2009 budget; setting time and place for hearing protests on the amount of street and median landscaping assessments to be levied throughout the Consolidated Maintenance District. (All Wards). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance District (CMD) at the time of their formation. The Legal Description, Exhibit "A", the Map and Assessment Diagram, Exhibit "B", the Benefit Formula, Exhibit "C", and the Assessor's Roll, Exhibit "E" for all territories of the CMD are on file in the City Clerk's Office with their respective Council Resolutions passed by the Council previously. This Resolution preliminarily approves the Public Works Director's Report which includes the 2008-2009 budget for the Consolidated Maintenance District. On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates will remain at the 2004-2005 level. The proposed 2008-2009 budget for the CMD, Exhibit "B" is attached to this Resolution of Intention. This Resolution sets the protest hearing for the Council meeting on Wednesday, June 11, 2008, at 6:30 P.M. do May 7, 2008, 1:57PM S:\PROJECTS\MAINDIST\ADMINRPT\ADM_CMD_08-09_Roi_St.dot BA E[ O~ AMR4t~,Cs ADMINISTRATIVE REPORT LIFO MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 8, 2007 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER ~S SUBJECT: Resolution of Intention No. 1599 preliminarily adopting, confirming and approving the Public Works Director's Report for the Consolidated Maintenance District (CMD) and its 2008- 2009 budget; setting time and place for hearing protests on the amount of park landscaping assessments to be levied throughout the Consolidated Maintenance District. (All Wards). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: This year all new territories were added directly to the Consolidated Maintenance District at the time of their formation. The Legal Description, Exhibit "A", the Map and Assessment Diagram, Exhibit "B", the Benefit Formula, Exhibit "C" and the Assessor's Roll, Exhibit "E" for all territories of the CMD are on file in the City Clerk's Office with their respective Council Resolutions passed by the Council previously. This Resolution preliminarily approves the Public Works Director's Report which includes the 2008-2009 budget for the Consolidated Maintenance District. On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. Assessment rates for all existing developments prior to January 12, 2005 will not be increased. The rates will remain at the 2004-2005 level. The proposed 2008-2009 budget for the CMD, Exhibit "B" is attached to this Resolution of Intention. The Resolution sets the protest hearing for the Council meeting on Wednesday, June 11, 2008, at 6:30 P.M. do May 7, 2008, 1:58PM S:\PROJECTS\MAINDIST\ADMINRPT\ADM CMD 08-09 Roi Pk.dot BA E 0~~,,08Po R,,, `S ADMINISTRATIVE REPORT ALIFO MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: j TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 8, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY AW` CITY MANAGER /PAS SUBJECT: Resolution of Intention No. 1600 preliminarily adopting, confirming and approving Public Works Director's report for twelve Traffic Signal Maintenance Districts and their 2008-2009 budgets; setting time and place for hearing protests on the amount of assessments to be levied throughout each of the Traffic Signal Maintenance Districts. (Wards 1, 3, 4, 5, 6 and 7) RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: City Resolution 161-94 was approved on September 28, 1994 which allows the City to collect maintenance and operating costs for "convenience" traffic signals. Since then, the Council has approved twelve (12) Traffic Signal Maintenance Districts including TS-1 (Marketplace), TS-2 (NW Promenade), TS-3 (Rosedale, Jet Way), TS-4 (Calloway, Gleneagles), TS-5 (NW Promenade, Phase 2), TS-6 (E. Brundage, Hayes), TS-7 (Mt. Vernon, Bernard NE), TS-8 (Calloway, Hageman NE), TS-9 (Gosford Village), TS-12 (Panama and Wible Shopping Center), TS-13 (Panama and Stine Shopping Center) and TS-14 (Ming, S. Allen SE). The Bakersfield Municipal Code requires an annual hearing to set the assessments for each parcel. Because only a small number of property owners are involved, and in order to simplify the hearing process, hearings for all twelve districts will be combined into one. However, the budget for each district will remain separate. Since there is no increase in assessments for all the districts, they are exempt from the procedures and approval process of Proposition 218. Except for the 2008-2009 proposed budgets in Exhibits "D" attached hereto to this Resolution of Intention, the Legal Description in Exhibits "A"; the Map and Assessment Diagram in Exhibits "B"; the Benefit Formula in Exhibits "C" and the Assessment Roll in Exhibits "E" are all on file in the City Clerk's Office. This resolution preliminarily approves the Public Works Director's Report, the 2008-2009 proposed budgets and sets the protest hearing for the Council meeting on Wednesday, June 11, 2008 at 6:30 pm. do May 7, 2008, 9:26AM S:\PROJECTS \MAINDIST\TRAFSIG\Admin\TS FY08-09-ROI-Al1.dot A F yw ADMINISTRATIVE REPORT / MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: 1 TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD 1;~U DATE: May 1, 2008 CITY ATTORNEY CITY MANAGER & SUBJECT: Resolution of Intention No. 1601 to add territory, Area 2-38 (Akers, Alum NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 6). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the Parcel Map Waiver at 3810 Akers Road to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 2-38 is generally bounded by a line approximately 225 feet north of Alum Avenue on the north, a line approximately 660 feet east of Akers Road on the east, Alum Avenue on the south and Akers Road on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner(s) 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(s) also have submitted a Proposition 218 ballot 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, a covenant has been drafted and will be supplied to the subdivider(s)/developer(s) to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr G:IGROUPDAT\ADMINRPT\2008\05-21\MD2-38 Admin Report.doc 5/5/2008 10:47:09 AM C A `„~tA RR ADMINISTRATIVE REPORT ~ ~Ls /0 MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: /c?, -,1. TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 2, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Resolution of Intention No. 1602 to add territory, Area 4-84 (Canyons #1) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map No. 11189 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 4-84 is generally bounded by a line approximately 2 miles north of Paladino Drive on the north, a line approximately 1 mile south of Paladino Drive on the south, and Alfred Harrell Highway on the east and west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr G:\GROUPDATWDMINRPT\2008\05-21\MD4-84 Admin Report.doc 5/5/2008 10:45:22 AM MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: /1, TO: Honorable Mayor and City Council FROM: Raul M. Rojas, Public Works Director DATE: May 7, 2008 SUBJECT: Tract Maps and Improvement Agreements ROVED DEPARTMENT HEAD CITY ATTORNEY~ hi~ CITY MANAGER P-S 1. Final Map and Improvement Agreements with John Balfanz Homes Inc., for Tract 6353 Phase 2 located south of Hosking Avenue and west of State Highway 99. (Ward 7) 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. rg May 7, 2008, 9:45AM G:\GROUPDAT IVIINRPT2008\05-21\Map and Improvement AGR.doc A OF ~ron~r~s s d ADMINISTRATIVE REPORT Lemur n 0 MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: Id. 0. TO: Honorable Mayor and City Council FROM: Florn Core, Water Resources Manager DATE: May 7, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreements with Fairway Oaks South, LP, to acquire a parcel of land for a water well in exchange for the waiver of water availability fees owed to City by Fairway Oaks South, LP. (Ward 6) Contract to Purchase Real Property with Fairway Oaks South, LP for a water well site located in Tract 6167 near Pacheco and Old River Roads. 2. Purchase/Exchange Agreement with Fairway Oaks South, LP to exempt Water Availability Fees in exchange for water well site located in Tract 6167 near Pacheco and Old River Roads. RECOMMENDATION: Staff recommends approval of the Agreements. BACKGROUND: Fairway Oaks South, LP is currently in the design stages for developing Tract 6167, located on the east side of Old River Road and south of Pacheco Road. The City of Bakersfield wants to acquire a parcel in that tract in order to proceed with drilling and pump testing for a future domestic water well site. The City will acquire the parcel by executing a purchase/exchange agreement and a contract to purchase real property. The seller owes the City Domestic Water Availability Fees for the tract and City agrees to waive $81,760 owed by the seller to the City in exchange for the water well property. City will proceed with constructing the water well upon closing of escrow. MRAII S:2008 ADMIN REP0RTS\WaterPurchaseK5-21.doc May 8, 2008, 9:12AM Ali `o~Q~PCn w. ~s ~~i,rn.►`~ ; ADMINISTRATIVE REPORT MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar _ ITEM: / ,~2, o _ TO: Honorable Mayor and City Council APPROVED FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD \ DATE: May 8, 2008 CITY ATTORNEY 14, CITY MANAGER SUBJECT: Agreement with Simpleview, Inc. for web site consulting, development and customer relationship management services of fully integrated, database-driven website system for the Convention & Visitors Bureau in an amount not to exceed $72,776. RECOMMENDATION: Staff recommends approval BACKGROUND: Previously, the CVB had been operated by a 501(C) (6) corporation until August 2007 when the City assumed responsibility for the day-to-day operation and management. The CVB staff has recently completed an evaluation of its web site and concluded that it is inadequate for its intended purpose which is to bring more visitors to Bakersfield and to complement the efforts of the CVB staff. This assistance comes in the form of software which allows for automation of a number of labor intensive tasks which would otherwise have to be performed by staff. Some of the more obvious tasks are fulfillment of requests for Visitor's Guides and Meeting Planning Kits. When completed, the CVB will have a fully integrated database-driven web site with a robust set of tools including CMS (content management solutions), CRM (customer relationship management), and SFA (sales force automation). All of these tools and technologies centralize information, manage data, streamline operations, automate/assign tasks, track/project performance and facilitate measurement and reporting capabilities. Staff received three responses to the RFP for web page services and the review team consisting of CVB, IT and ECD personnel unanimously agreed upon the recommended vendor. The agreement with Simpleview provides for the purchase of the software, installation and system maintenance for a 1 year period which will be renewed annually. The timeframe for the development of the new web site is approximately 5 months. Funds for this purchase are available in the current year CVB budget. S:\Admins\City Council\City Council Admins 2008\CVBWebDesignAgmt05.06.2008.doc 5/8/2008 10:59 AM ~~W Oll,,r ADMINISTRATIVE REPORT c M 10 MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: J,~. 9, 1 TO: Honorable Mayor and City Council FROM: John W. Stinson, Assistant City Manager DATE: April 23, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen for Workers' Compensation Legal Services in an amount not to exceed $150,000 for each of contract years one and two with an additional option :year, to be exercised at the City's discretion, in an amount not to exceed $150,000 to be paid from the Self-Insurance Fund. RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: On August 15, 2007 the City Council approved an agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen (Hanna & Brophy) to provide legal services for the City's workers' compensation claims litigation. As Hanna & Brophy specializes in the defense of workers' compensation claims they are able to provide a high level of expertise that is very beneficial to the City. During the past year Hanna & Brophy has been successful in handling and concluding litigated workers' compensation claims, which has resulted in cost and efficiency savings to the City. Hanna & Brophy's rates of $135 per hour are the same as last year's rate and are very reasonable relative to customary workers' compensation attorney's hourly rates. As with the prior year, the terms of the contract provide that the City will not be billed for internal costs, such as copy charges, legal research, or clerical time. The proposed contract is in an amount not to exceed $150,000 per year for two (2) years with an optional third year, exercisable at the City's discretion. The optional third year is also in an amount not to exceed $150,000. By renewing the contract for two years with an optional third year, the City is able to lock in the same rates that we have been paying for the past several years. This contract amount matches the anticipated legal costs and is based on actual expenditures from the prior period. RAK May 2, 2008, 1:52PM S:\Ralph\Contracts\Hanna Brophy Admin Rpt.--08.doc y F B:alcC , ~ Ry ADMINISTRATIVE REPORT MEETING DATE: May 21, 2008 TAGITEM:ENDA SECTION: Consent 07. r. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: April 29, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Jasvinder Deol to purchase real property located at 2833 Hosking Road for $92,000.00 to widen Hosking Road. (Ward 7) RECOMMENDATION: Staff recommends approval. BACKGROUND: The property being acquired is located on Hosking Road just east of Highway 99, and consists of approximately 10,435 square feet of R-S zoned land. The purchase price of $92,000.00 is a product of negotiations and based on an appraisal prepared by MB Appraisals. In anticipation of the future interchange at Hosking Road and Highway 99, the City is purchasing additional right of way from a number of parcels along Hosking Road. Hosking Road needs to be improved and widened to handle current and future traffic flows. The City is purchasing approximately 25 feet along the frontage of this parcel in order to widen and improve Hosking Road to its full width. The purchase agreement between the City and the owners outlines the responsibilities of each party. The Planning Department completed a 65402 Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. RAUser_Projects\Finance\Property_Management\cwebb\Hosking Road Project\DeoKouncil Admin report - Deol - Purchase agmt.doc 4/29/2008 2:38 PM 4~ Tea S 'U ADMINISTRATIVE REPORT gGlpp MEETING DATE: May 21, 2008 AConsent ITE: TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 7, 2008 APPROVED DEPARTMENT HEAD K CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with Mike and Cindy Henson to purchase real property located at 3200 Hosking Road for $222,000.00 to widen Hosking Road. (Ward 7) RECOMMENDATION: Staff recommends approval. BACKGROUND: The property being acquired is located on the corner of Hosking Road and Wible Road just west of Highway 99, and consists of approximately 12,043 square feet of R-S zoned land. The purchase price of $222,000.00 is a product of negotiations and based on an appraisal prepared by MB Appraisals and the owner's appraisal by Kern Appraisal Services. Due to the future road width, a small single family house must be purchased and demolished. The majority of the purchase price is for the single family house acquisition. In anticipation of the future interchange at Hosking Road and Highway 99, the City is purchasing additional right of way from a number of parcels along Hosking Road. Hosking Road needs to be improved and widened to handle current and future traffic flows. The City is purchasing approximately 41 feet along the frontage corner of this parcel in order to widen and improve the intersection at Hosking and Wible Roads to its full width. The purchase agreement between the City and the owner outlines the responsibilities of each party. The Planning Department completed a 65402 Review and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. R:\User_Projects\Finance\Property_Management\cwebb\Hosking Road Project\Henson\Council Admin report - Henson - Purchase agmt.doc 5/7/2008 10:10 AM A 4 ADMINISTRATIVE REPORT ~4ry MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: I 0 + TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 8, 2008 APPROVED DEPARTMENT HEAD, CITY ATTORNEY CITY MANAGER SUBJECT: Agreement with KBA Engineering, LLC to purchase real property located 2157 Mohawk Street for $634,000 for the Westside Parkway. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The City of Bakersfield has been acquiring properties for the Westside Parkway. The property currently being acquired is owned by the KBA Engineering, LLC, a California limited liability company who provides engineering services to the oil and gas industry. KBA operations will be impacted by the project and the agreement sets forth the mitigation measures that were mutually agreed to reduce the impact to their operations. Also, KBA is granting the City a temporary construction easement to allow for the construction of the Mohawk Street improvements. The purchase price of $634,000 is a product of negotiations based on appraisals prepared by Randy K. Merriman, MAI and Michael C. Burger, MAI. A Phase I Environmental Site Assessment was prepared for the Westside Parkway alignment by the URS Corporation and on October 2, 2003, the Bakersfield Planning Commission found the acquisition of properties necessary for the Westside Parkway consistent with the 2010 Metropolitan Bakersfield General Plan. May 8, 2008, 5:06PM P:\MyFilesWdmin Reports\KBA.doc DMA/s MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: May 2, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY t, 167 CITY MANAGER )eS SUBJECT: Contracts for legal services: Agreement with CLIFFORD & BROWN for the fiscal years 2008/2009 and 2009/2010 in the amount of Two Hundred Twenty-Five Thousand Dollars ($225,000). RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Since 2004, the City Attorney's Office has outsourced general tort liability cases to the local law firm of Clifford & Brown. In the last year (FY 2006/2007), Clifford & Brown disposed of nine cases. Four of these nine were resolved without any settlement monies being paid; the remaining matters were settled for minimal sums. This quality representation of the City has resulted in general fund savings for total liability claims and lawsuits and a decrease in the number of frivolous cases filed against the City. If approved, the contract with Clifford & Brown will extend over the next two fiscal years, through June 2010. The only change is that the hourly rate for cases handled outside the 30 case per year cap will be at $160.00 per hour in FY 2009/2010 rather than the current rate of $150.00 an hour. As with the prior years, the terms of the contract provide that a senior partner will supervise each assigned case, that the City will not be billed for internal costs--such as copy charges, legal research, or clerical time, and that the contract can be terminated. SACOUNCUAdmins\05-08 Admins\ATT AGR 06-07,07-08 C&B.doc A U O -0 ADMINISTRATIVE REPORT MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: Id, TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: April 30, 2008 APPROVED DEPARTMENT HEAD ( CITY ATTORNEY_ UG CITY MANAGER & SUBJECT: Contracts for legal services: Agreement with MARDEROSIAN, RUNYON, et al for fiscal years 2008/2009 and 2009/2010 in the amount of Seven Hundred Fifty Thousand Dollars ($750,000). RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Since 2004, the City Attorney's Office has outsourced civil rights cases filed in Fresno to the law firm of Marderosian, Runyon, Cercone et al. In the last year (FY 2006/2007) the Marderosian team of attorneys disposed of six civil rights cases filed against the City. Of these six, one went to a jury and culminated in a favorable verdict; three matters were disposed of without any settlement monies being paid and one matter was resolved for $40,000. This quality representation of the City has resulted in general fund savings for total liability claims and lawsuits, a decrease in the number of frivolous cases filed against the City in federal court, and greater stability in calculating legal fees for civil rights cases, which generally, can result in higher verdicts than typical tort cases and require about three times the number of hours to defend. There are no changes to the contract being proposed to the previous two-year contract. As with prior years, the terms of the contract also provide that a senior partner will supervise each case, and that the City will not be billed for internal costs, such as copy charges, legal research, or clerical time. SACOUNCIL1Adminsk07-08 AdminMATT AGR 08-09.09-10 Merderosian.doe BA OF,ywvoe,, S ADMINISTRATIVE REP c ORT FO MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: 1<,2 Ct? TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: May 12, 2008 PROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER fS SUBJECT: Agreement with the County of Kern to pay the City (not to exceed $15 million for a five year period) for processing of a greenwaste material at the Mount Vernon Greenwaste. (Ward 3) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: Agreements No. 03-183, No. 03-183(1), and No. 03-183(2) with the County of Kern provide for the City's greenwaste facility to accept and process recyclable greenwaste from County areas. Under the agreement, the County pays a prorated share of the facility expenses, according to the percentage of County greenwaste processed at the facility. Agreements for this cost sharing arrangement have been in place since the beginning of the greenwaste recycling program in 1994. The current five year agreement for $8,990,000 will expire on June 30, 2008. The County's share of costs is based upon a pro rata share of County tonnage processed at the facility. City and County tonnages are determined by statistical surveys of public loads, and tracking of packer truck loads. Exhibit "A" of the attached Agreement provides a formula by which packer truck tonnage from the metropolitan area is divided between the City and County for cost-sharing purposes. Exhibit "B" of the attached Agreement delineates estimated expenditures for FY 2008-09 to be approximately $6,795,339. The County has averaged 30% shared participation in the greenwaste program over the last 7 years. The percent participation by County residents is multiplied by the Facility's actual net expenditures, to determine the County shared contribution. Over the five year term of this agreement the County will contribute up to $15 million for cost-sharing purposes. The attached Agreement would become effective July 1, 2008. The Kern County Board of Supervisors will consider the attached Agreement at their regular meeting of June 10, 2008. PW-SW: If May 12, 2008, 4:01 PM G:IGROUPDAT1ADMINRPT\2008\05-211Hgr with County shared Greenwaste.doc MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: , TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: April 23, 2008 A PROVED DEPARTMENT HEAD AYL7- CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to North American Digester Cleaning Services ($42,000.00) to clean digesters at Wastewater Treatment Plant #3 (Ward 6). RECOMMENDATION: Staff recommends acceptance of low bid and award of contract. BACKGROUND This project consists of cleaning four digesters at Wastewater Treatment Plant #3. This project is funded entirely with Sewer Enterprise Funds. The Engineers Estimate for this contract was $70,000. On April 18, 2008, five acceptable bids were received as follows: North American Digester Cleaning Services 12121 N.W. Hiller Lane in the amount of $42,000.00 Portland, Or 97229 Wastewater Solids Management Inc. P.O. Box 826 in the amount of $48,200.00 Yerington, NV 89447 United Pumping Services Inc. 14000 E. Valley Blvd. in the amount of $113,000.00 Industry, Ca 91746 P & H Senesac Inc. P.O. Box 577 in the amount of $120,000.00 Milton, Vt 05468 American Process Group Inc. 602 NE 3`d Avenue, Suite F in the amount of $187,535.79 Camas, Wa 98607 Sufficient funds are budgeted to award this bid. PW/Wastewater/Is May 8, 2008, 10:45AM G:\GR0UPDATIADMINRP112008\05-21\Digester Cleaning at WWTP3.doc MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: /a, , TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: May 8, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid and award contract to Rudnick Fence Company ($399,000.00) for Mill Creek Linear Park Project Pond Railing. (Ward 2) RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: Invitations to Bid were sent to over two hundred (200) contractors for providing pond railing for the Mill Creek Linear Park Project. Three acceptable bids were received and are as follows: BIDDER AMOUNT Rudnick Fence Company $399,000.00 Bakersfield, California Fence Corp, Incorporated $457,208.00 Bakersfield, California Lortz Manufacturing $522,240.00 Bakersfield, California Staff finds the low bid of $399,000.00 from Rudnick Fence Company, to be acceptable and recommends award of contract. Funds are available in the 2007-2008 Budget. Purchasing Division SAPURCHWDMINWill Creek Linear Park - Pond Railing, 07-08-77, May 21, 2008.doc MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: - , TO: Honorable Mayor and City Council APPROVED FROM: Nelson K. Smith, Finance Director DEPARTMENT HEAD DATE: May 9, 2008 CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Computer 1 Products of America, Incorporated in the amount of $74,887.31 for Nortel Ethernet Routing Switches for the Information Technology Division. (Citywide) RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to over three hundred (300) vendors for providing Nortel Ethernet Routing Switches to be used by the Information Technology Division. These routing switches are necessary to upgrade existing outdated switches no longer being supported by the manufacturer. Twenty Two (22) bids were received in response to solicitation and are as follows. BIDDER AMOUNT Computer 1 Products of America, Inc $ 74,887.31 El Monte, California Northland Systems, Incorporated $ 76,463.89 Plymouth, Minnesota M & M Computers $ 76,508.93 Brooklyn, New York Cyber Computers $ 77,139.56 Irvine, California iNetwork Technology Solutions, Inc $ 77,702.63 Bakersfield, California CCT Technologies, Incorporated $ 79,954.88 San Jose, California Tempest Telecom Solutions, LLC $ 82,927.85 Santa Barbara, California Purchasing Division SAPURCHIADMIN1Admin 2006Wortel Ethernet Routing Switches, 07-08-80, May 21, 2008.doc May 9, 2008 ADMINISTRATIVE REPORT Justyn Tyme Components $ 83,470.64 Irvine, California Bear Data Systems $ 85,585.00 Bakersfield, California EDC System $ 88,963.88 Lafayette, California AT S T $90,033.69 Bakersfield, California MTM Technologies, Incorporated $ 93,157.34 Bakersfield, California New Tech Solutions, Incorporated $ 97,454.86 Fremont, California Epic Systems $ 97,465.58 Houston, Texas Zones, Incorporated $ 98,628.50 Auburn, Washington Tech Depot $100,237.06 Trumbull, Connecticut Americas Computer Company $100,659.81 San Antonio, Texas OM Office Supply, Incorporated $106,846.74 Mechanicsburg, Pennsylvania CDWG, Incorporated $108,310.70 Vernon Hills, Illinois En Pointe Technologies $108,336.15 El Segundo, California Vox Network Solutions $109,630.75 South San Francisco, California Sehi Computer Products, Incorporated $110,360.25 San Clemente, California Staff finds the low bid to be acceptable and recommends award of the bid to Computer 1 Products, El Monte, California. Purchasing Division SAPURCHWDMIN\Admin 2006\Nortel Ethernet Routing Switches, 07-08-80, May 21, 2008.doc May 9, 2008 U 9 ADMINISTRATIVE REPORT MEETING DATE:. May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: ca TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Nelson K. Smith, Finance Director May 8, 2008 Accept bid from Recreonics, Incorporated in the amount of $43,139.05 for Commercial Pool Equipment for the Recreation and Parks Department. (Citywide) APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 46 RECOMMENDATION: Staff recommends acceptance of the bid for Commercial Pool Equipment. BACKGROUND: Invitations to bid were sent to two-hundred seventy five (275) suppliers of pool equipment. Three (3) acceptable bids were received in response to the solicitation as follows: BIDDER AMOUNT Recreonics, Incorporated $43.139.05 Louisville, Kentucky Lincoln Equipment, Incorporated $44,642.13 Concord, California Knorr Systems, Incorporated $50,332.03 Santa Ana, California Staff finds the low bid to be acceptable and recommends award of the bid to Recreonics, Incorporated, in the amount of $43,139.05. Purchasing Division SAPURCHWDMIN1Commercial Pool Equipment, #07-08-81, May 21, 2008.doc BSA" ADMINISTRATIVE REPORT LIFO MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: /d. 6b, TO: Honorable Mayor and City Council FROM: Javier Lozano, Human Resources Manage DATE: May 8, 2008 SUBJECT: Revised Job Specifications APPROVED /DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER Fleet Service Worker 1 #14060 Fleet Service Worker II #14460 Fleet Mechanic 1 #14330 RECOMMENDATION: Staff recommends approval. BACKGROUND: The Public Works Director is requesting modifications be made to job specifications of the Fleet Service Worker I & II and Fleet Mechanic I. Currently, all three of these positions require the employee to obtain a Class "A" California Driver's License within the six-month probationary period. The request is to change the requirement to a Class "B" License. The change is being requested for the following reasons: • All towing and equipment transport is not performed by Fleet Services • Any test driving of Class "A" equipment is conducted inside the Corporation Yard and not on City streets • Reduces the difficulty of attracting qualified candidates There is also a request to modify the job specifications for Fleet Service Worker I & II to add language requiring certain State certifications as required by State and Federal law for inspections and equipment operation. There is no budgetary impact as the salary will remain the same for all classifications. The proposed revisions are currently being reviewed by SEIU. The revised job specifications will be presented to the Miscellaneous Civil Service Board at their May 20, 2008 meeting. (cc) BA E OR4 ADMINISTRATIVE REPORT C RYA 9LIF0 MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: /a, TO: Honorable Mayor and City Council FROM: Javier Lozano, Human Resources Manag DATE: May 8, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Revised Job Specification: Traffic Signal Technician #15310 RECOMMENDATION: Staff recommends approval. BACKGROUND: The Public Works Department is requesting modifications be made to job specification of the Traffic Signal Technician. Currently, this position requires a candidate to possess a California Class "B" driver's license. The request is to change the requirement to having a current Class "C" License, with the requirement of obtaining a Class "B" within the six-month probationary period. The change is being requested due to the difficulties of attracting qualified candidates. There is no budgetary impact as the salary will remain the same. The proposed revised job specification is currently being reviewed by SEIU. The revised job specification will be presented to the Miscellaneous Civil Service Board at their May 20, 2008 meeting. (cc) gKE~s BA ADMINISTRATIVE REP c ORT q~IFO NAP MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: Donna L. Kunz, Economic Development Director DEPARTMENT HEAD DATE: May 8, 2008 CITY ATTORNEY CITY MANAGER APPROVED S SUBJECT: Department of Housing & Urban Development HUD, HOME Investment Partnership Action Plan Amendment No. 4 (FY 06/07). (Wards All) RECOMMENDATION: Staff recommends approval. BACKGROUND: Economic and Community Development staff is proposing to transfer $572,825 in HOME Investment Partnership (HOME) program savings from the Housing Urban Bakersfield down payment program to the New Construction category for the development of 56 units of affordable multi-family housing located at 701 Union Avenue. Due to the slow down in the real estate market the down payment funds are not being drawn down as quickly and will be replenished with future HOME entitlement funds. Staff is currently in an exclusive negotiation period with AMCAL Multi Housing for the development of the project. The final agreement is anticipated to include the scope of development, schedule of performance, evidence of financing, and insurance. This agreement is expected to be finalized in June, 2008 for Council consideration. In compliance with HUD regulations, any significant change or addition to the approved CDBG or HOME annual plan must undergo an amendment process which includes obtaining citizen views and comments on the proposed change for a period of 30 days. A notice was published on April 14, 2008 requesting comments and to date no comments have been received. Staff is proposing the following amendments to CDBG/HOME activities: 1) Increase New Construction Assistance in the amount of $572,825 for housing development assistance for costs associated with the construction of affordable housing. (Ward All) 2) Decrease Housing Urban Development Downpayment Assistance in the amount of $572,825 for downpayment and closing costs assistance to help low-income buyers purchase a home in Downtown, Southeast Bakersfield and Old Town Kern-Pioneer Project Areas. Includes funds for City staff direct delivery costs. (Wards 1, 2, and 3) S:\Admins\City Council\City Council Admins 2008\action plan amendment 05-21-2008.doc 5/8/2008 1:34 PM BA E NIA a S•in ADMINISTRATIVE REPORT nt. LIFO MEETING DATE:May. 21, 2008 AGENDA SECTION: Consent Calendar ITEM: ee TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director April 28, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER & Acceptance of 2006-07 Transportation Development Act Funds Financial Statements. RECOMMENDATION: Budget and Finance Committee recommends acceptance of audit report. BACKGROUND: The above audit report was referred to the Budget and Finance Committee for review and recommendation. The Committee accepted the audit report at the April 28, 2008 meeting. 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, 2007. The financial statement summarizes fiscal activity for the Bikeway and Pedestrian Fund, and the Public Transit Fund. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Paulden McCown Starbuck Thornburgh & Keeter Accountancy Corporation has issued an unqualified opinion. APPROVED gl G:\GROUPDAT\ADMINRPT\2008\05-07\Transp Dev Act Funds Financial Stm.cloc BAKE O~ywPON,,re ~s ADMINISTRATIVE REPORT cqL10 MEETING DATE: May 21, 2008 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council FROM: William R. Rector, Chief of Police DATE: May 9, 2008 APPROVED DEPARTMENT HEAD if CITY ATTORNEY CITY MANAGER SUBJECT: Appropriate $25,000 Asset Forfeiture Funds to the Police Department's Capital Improvement Budget within the Capital Outlay Fund for the purchase of a new engine and overhaul of the narcotics airplane. RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The BPD purchased a Citabria Scout airplane in August of 2000 to conduct narcotics surveillance operations. Aircraft manufacturers, along with the Federal Aviation Administration, recommend hours of use limitations on aircraft engines. The engine on the City's airplane has a time before overhaul (TBO) limitation of 2,000 hours. The engine currently has 2,400 hours on it. Because of the rigorous maintenance schedule maintained on this aircraft, we have been able to exceed the TBO time. However, the engine is now in need of replacement and overhaul. The new engine and overhaul of the airplane will be reimbursed by the BPD's asset forfeiture funds, and will have no impact on the City's General Fund. DB May 13, 2008, 1:03PM \\citynas\homedirs\dbranson\BPD\ADMIN RPTS\ADMIN RPTS FY 07-08\ADMIN RPT (05-21-08) NARCOTICS AIRPLANE ENGINE.doc ADMINISTRATIVE REPORT MEETING DATE: May 21, 2008 AGENDA SECTION: Hearings ITEM: 13• APPROVED TO: Honorable Mayor and City Council DEPARTMENT HEAD FROM: Nelson Smith, Finance Director CITY ATTORNEY DATE May 02, 2008 CITY MANAGER & SUBJECT: Public Hearing to consider a Resolution adopting fees pursuant to the Cost Recovery System. RECOMMENDATION: Budget and Finance Committee recommends adoption of the Resolution following the public hearing. BACKGROUND: State law requires new fees and charges, as well as increases in existing fees and charges; be adopted by ordinance or resolution following a public hearing. The City's procedure is provided for in Chapter 3.70 of the Bakersfield Municipal Code. The City's review process includes a complete review of all fees every two years to check assumptions for labor costs, materials usage, etc. Every other year staff proposes fees to be increased by a standard Consumer Price Index (CPI) factor. Staff last performed the complete review in May 2007. Each department completed a review of fees, considering current salary and benefit cost information. The attached is a list of fee increases based on the CPI Index of 4.2% for your review. In addition, there are three fee increases above the CPI. Furthermore, to be consistent with this year's budget instructions, departments carefully reviewed their fees and verified cost recovery. Development related fees have been reviewed by Building Industry Association (BIA), and they have taken a neutral position on the proposed fee increases and restructuring. The Development Services Department is proposing some new fees to recover costs for services associated with Code Enforcement activates. The Budget and Finance Committee reviewed the proposed fee changes at their April 28`h, 2008 meeting and are recommending approval of the revised fee schedule. 2008 Cost Recovery Program Update The following is a summary of adjustments and restructuring to existing fees over the CPI Index for 2008 (4.2%). Exhibit "A" Proposed Master Fee Schedule for 2008: The attached schedule is a comprehensive list of all fees authorized under the cost recovery program. Exhibit "B" Proposed Master Fee Schedule for 2008: Changes Only: The attached schedule is a summary list of services that staff is proposing to be changed or modified to recover the actual cost of providing the service. Page 2 ADMINISTRATIVE REPORT INCREASES TO FEES OVER THE CPI INDEX FOR 2008 A - INSPECTION FEES & SERVICES A-12 Re-Inspection of Municipal Code Violations - Complaints and Enforcement - Initial Contact and Inspection $ 0 - Follow-up Inspections Required (Each Occurrence) $ 105 - Abatement Hearing Processing Fee $ 195 - Assessment Hearing Processing Fee $ 300 - Abatement Warrant Processing Fee $ 535 - Property Abatement ACTUAL COST - Legal Action Required ACTUAL COST The current fee is $300. These proposed fees are an expansion of the existing fee structure to obtain improved compliance in code violation issues. B - LAND USE REVIEW / PERMITS B-28 Site Plan Review (DS) - Maximum Fee $ 3,500 The current maximum fee is $2,500. The fee is proposed to recover the actual costs of providing this service for the increased value in commercial developments and compliance with appropriate standards. D - PUBLIC SAFETY D-71 Vehicle Code Enforcement (PD) - Unlicensed Driver Fee $ 125 - DUI Towing Charge $ 125 The current fees are $101 for an Unlicensed Driver and DUI Towing Charge. The new fees proposed are to recover the actual costs of providing this service. The increase is caused by the rise in costs of enforcement and personnel involved in the regulation of these activities including sending certified letters to each offender. The Master Fee Schedule is to be adopted by resolution following a public hearing process. Development Services fees require a sixty day waiting period and would become effective on July 21, 2008. A OFy wur 4~r$ ADMINISTRATIVE REPORT 1.'wir n MEETING DATE: May 21, 2008 AGENDA SECTION: Hearing ITEM: ,3„ b, TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: May 8, 2008 SUBJECT: Underground Utility District. APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 1. Public hearing as required by Resolution of Intention No. 1590 declaring the City's intention to order the establishment of Underground Utility District No. 2, Division 32 (South Mill Creek Mixed-Use Project). 2. Resolution establishing Underground Utility District No. 2, Division 32 (South Mill Creek Mixed-Use Project). (Ward 2) RECOMMENDATION: Staff recommends overriding protests and adopting Resolution establishing Underground Utility District No. 2, Division 32 (South Mill Creek Mixed-Use Project). BACKGROUND: The City Council approved Resolution of Intention No. 1590 on March 26, 2008 which set the public hearing for May 21, 2008. The hearing has been duly advertised and the property owners notified as required by law. This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. All overhead lines in the area bounded by the Burlington Northern & Santa Fe Railroad Tracks on the north, Q Street on the east, California Avenue on the south, and S Street on the west shall be removed and relocated underground. The district will be constructed with PG&E Rule 20A funds at no cost to the City. Rule 20A funds will also be used, if necessary, to pay for private panel conversions. phs May 8, 2008, 10:40AM S:\PROJECTS\U nderg rou nd\Hdmin\2-32Est. doc MEETING DATE: May 21, 2008 AGENDA SECTION: Hearings ITEM: j 4, a TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: April 11, 2008 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Public Hearing to consider Resolution of Necessity to determine whether the public interest and necessity require acquisition by eminent domain of a portion of property and temporary construction easement over and across certain property located between Rosedale Highway and the Kern River, specifically 2349 Parker Lane (A & A Land Company, LLC, owner), for the Westside Parkway project. (Code Civ. Proc. § 1240.010) (Ward 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Westside Parkway Project will create a new east-west, multi-lane highway beginning at the intersection of Stockdale Highway and Heath Road and extending eastward parallel to the Cross Valley Canal and Kern River, crossing the Kern River near the existing BN&SF Railroad bridge and ending near SR-99. Right of way for eight lanes must be acquired but initial construction will be limited to four lanes from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Road to Coffee Road, eight lanes from Coffee Road to Mohawk Street and six lanes from Mohawk Street to the eastern terminus of the parkway. The Project will also include the construction of interchanges at Allen Road, Calloway Drive, Coffee Road and Mohawk Street, extension of Mohawk Street south from Rosedale Highway across the Kern River to Truxtun Avenue, and a grade separation at the intersection of Mohawk Street and the BN&SF Railroad. Recent growth in northwest Bakersfield has increased congestion on Rosedale and Stockdale Highways, the major east-west arteries west of Highway 99. The Westside Parkway Project will expand traffic capacity and circulation between northwest Bakersfield and the downtown area and between the California Avenue business district and Rosedale Highway. The Project is necessary to reduce traffic congestion and accommodate traffic from anticipated growth in these areas. The need for, and benefits of, the Project were analyzed in the Tier 1 Route 58 Route Adoption Environmental Impact Statement/Environmental Impact Report ("Tier 1 EIS/EIR"), which the City Council approved on June 12, 2002. Additional information about the Project is contained in the draft Tier 2 Environmental Assessment/Draft Environmental Impact Report for the Westside Parkway Project ("Tier 2 EIS/EIR"), which has been approved by the Federal Highway Administration, Caltrans, and the City's Director of Public Works. Both the Tier 1 EIS/EIR and the Tier 2 EIS/EIR are available for inspection at the office of the Thomas Roads Improvement Program, 900 Truxtun Avenue, Suite 200. May 14, 2008, 11:01AM P:1Westside ParkwayW&AWdmin Report.doc ADMINISTRATIVE REPORT The subject property and temporary construction easement are located on APN 332-270-21. The subject property and the proposed temporary construction easement to be acquired by eminent domain is necessary for the construction of the Rosedale Highway/Mohawk Street Widening and Mohawk Street Grade Separation. The subject property to be acquired consists of approximately 16,507 square feet bordering Mohawk Street. The proposed temporary construction easement is approximately 17,689 sq. feet and will be abandoned once the construction of this phase of the Project is complete. Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of the subject property and the temporary construction easement over and across property owned by the A & A Land Company, LLC, bordering Mohawk Street between the Rosedale Highway and the Kern River. A proposed Resolution of Necessity ("RON") is attached to this report and includes legal descriptions and plat maps of the property to be acquired. All statutory findings have been made and are set forth in the RON. JURMS:Isc May 14, 2008, 11:01AM PAWestside ParkwayW&AWdmin Report.doc A ADMINISTRATIVE REPORT ~w uMEETING DATE: May 21, 2008 AGENDA SECTION: Hearings ITEM: /,9' h, TO: Honorable Mayor and City Council APPROVED FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD - /~W DATE: April 11, 2008 CITY ATTORNEY CITY MANAGER BPS SUBJECT: Public hearing on Resolution of Necessity ("RON") to determine whether the public interest and necessity require acquisition by eminent domain of a temporary construction easement over and across certain property located between Rosedale Highway and the Kern River, specifically 2221 Mohawk Street, Bakersfield, California (Chemex, Inc., owner), for the Westside Parkway project. (Code Civ. Proc. § 1240.010) (Ward 2) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: The Westside Parkway Project will create a new east-west, multi-lane highway beginning at the intersection of Stockdale Highway and Heath Road and extending eastward parallel to the Cross Valley Canal and Kern River, crossing the Kern River near the existing BN&SF Railroad bridge and ending near SR-99. Right of way for eight lanes must be acquired but initial construction will be limited to four lanes from Stockdale Highway/Heath Road to Allen Road, six lanes from Allen Road to Coffee Road, eight lanes from Coffee Road to Mohawk Street and six lanes from Mohawk Street to the eastern terminus of the parkway. The Project will also include the construction of interchanges at Allen Road, Calloway Drive, Coffee Road and Mohawk Street, extension of Mohawk Street south from Rosedale Highway across the Kern River to Truxtun Avenue, and a grade separation at the intersection of Mohawk Street and the BN&SF Railroad. Recent growth in northwest Bakersfield has increased congestion on Rosedale and Stockdale Highways, the major east-west arteries west of Highway 99. The Westside Parkway Project will expand traffic capacity and circulation between northwest Bakersfield and the downtown area and between the California Avenue business district and Rosedale Highway. The Project is necessary to reduce traffic congestion and accommodate traffic from anticipated growth in these areas. The need for, and benefits of, the Project were analyzed in the Tier 1 Route 58 Route Adoption Environmental Impact Statement/Environmental Impact Report ("Tier 1 EIS/EIR"), which the City Council approved on June 12, 2002. Additional information about the Project is contained in the draft Tier 2 Environmental Assessment/Draft Environmental Impact Report for the Westside Parkway Project ("Tier 2 EIS/EIR"), which has been approved by the Federal Highway Administration, Caltrans, and the City's Director of Public Works. Both the Tier 1 EIS/EIR and the Tier 2 EIS/EIR are available for inspection at the office of the Thomas Roads Improvement Program, 900 Truxtun Avenue, Suite 200. May 14, 2008, 11:05AM PAWestside Parkway\Chemex\Chemex Admin Report.doc ADMINISTRATIVE REPORT The proposed temporary construction easement is located on APN 332-260-29, 332-260-30 and 332-260- 31. The proposed temporary construction easement to be acquired by eminent domain is necessary for the construction of the Rosedale Highway/Mohawk Street Widening and Mohawk Street Grade Separation. The proposed temporary construction easement is approximately 15,765 sq. feet and will be abandoned once the construction of this phase of the Project is complete. Staff recommends adoption of a Resolution of Necessity authorizing acquisition by eminent domain of the proposed temporary construction easement over and across properties owned by Chemex, Inc., on Mohawk Street between Rosedale Highway and the Kern River. A proposed Resolution of Necessity ("RON") is attached to this report and includes legal descriptions and plat maps of the temporary construction easement to be acquired. All statutory findings have been made and are set forth in the RON. JURMS:Isc May 14, 2008, 11:05AM PAWestside Parkway\Chemex\Chemex Admin Report.doc F $AI( R ywvox, ADMINISTRATIVE REPORT 1 0 MEETING DATE: May 21, 2008 AGENDA SECTION: Hearings ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD with assistance from Stanley C. Grady, Dev Services Director CITY ATTORNEY DATE: May 8, 2008 CITY MANAGER SUBJECT: General Plan Amendment/Zone Change 07-2098 and PD Review 08-0686 (Ward 4) McIntosh & Associates, representing Castle & Cooke Commercial, the property owner, has applied for a general plan amendment, zone change and preliminary development plan approval on approximately 47 acres located west of Calloway Drive, between Stockdale Highway and the Kern River. 1. Resolutions adopting the Land Use Element and Kern River Plan Element Amendments of the General Plan modifying conditions for a proposed commercial center as follows. a. Approve the request to increase in the maximum size of an individual tenant from 100,000 square feet to 140,000 square feet. b. Deny the request for another traffic signal along Stockdale Highway. c. Add a PCD overlay zone on the entire 47-acre project site. 2. First reading of ordinance amending Title 17 of the Municipal Code changing the zoning from C-2 to C-2/PCD. 3. Resolution approving a Planned Development (PD) Review for the Riverwalk Commercial Center, a 500,000 square foot mixed-use commercial development. RECOMMENDATION: Staff recommends adoption of resolutions approving the proposed general plan amendments, first reading of the ordinance and approval of the planned development review. BACKGROUND: The 47-acre project site is currently designated for commercial use that was approved by the City Council in 2001 with numerous conditions and environmental mitigation measures. The property currently has four restaurants built and in operation and an office building is under construction. The applicant is requesting to change two of the Conditions of Approval of GPA/ZC 00-0291 (Riverwalk Commercial Center EIR), to allow an increase of the size of an individual tenant from 100,000 square feet to 140,000 square feet, and to install an additional convenience traffic signal along Stockdale Highway approximately 1,200 feet west of Calloway Drive. Staff had a number of concerns with the proposed changes, and there have been several meetings between staff and the project applicant regarding traffic circulation, architectural design, and compatibility of the center with the adjacent public park (Park at River Walk). To address the ADMINISTRATIVE REPORT Page 2 concerns, the applicant has agreed to place the PCD overlay zone (C-2/PCD) across the entire 47- acre site so that significant changes to the project will undergo a more thorough staff and public review by the Planning Commission. Since the project is being developed in phases and changes are anticipated to occur due to marketing and economic conditions, the developer will be able to clearly show how these changes will continue to integrate with existing park functions and area development. Additionally, the city will have the ability to further define and include discretionary conditions to ensure this compatibility is maintained. In addition to permitting the increase of square footage of a single tenant to 140,000 square feet, the applicant has further agreed to additional conditions that include the following: Improve Buena Vista Road north of Stockdale Highway to reduce traffic conflicts between automobiles and delivery trucks to and from the park and shopping center. Plans will be required to be approved by the City Engineer. Include enhancements to the architectural design of all new buildings consistent with the city's large retail development standards. The developer would be required to enhance the building elevations facing the park with design elements and materials similar to what will exist on the front of the building along Stockdale Highway. This would also include prohibiting advertising signs on the building walls facing the park. The applicant has provided detailed building elevations that will be incorporated into the approved PCD plan. Under that approval, the applicant is required to construct the project as shown in those architectural drawings. Deviations to that design will require review and approval by the Planning Commission at a noticed public hearing. • Integrate mature trees and shrubbery along the north and west boundary adjacent to the large retail building adjacent to the park to provide an additional landscaped visual buffer towards the building. • Prohibit carry-out alcohol sales in any tenant shop west of the large retail building. • Existing conditions have been updated to reflect new ordinances and existing conditions not initially known in 2001 when the commercial zoning was adopted to further assure the project maintains compatibility with the park. Regarding the request to include an additional traffic signal along Stockdale Highway, the City Engineer has indicated he will not approve additional signals; therefore, the condition has been removed entirely from the project approval. The Planning Commission conducted a public hearing on this general plan amendment/zone change on April 3, 2008, and recommended approval to the City Council of the applicant's two condition changes. Although the Commission did not consider the addition of an overlay zone or review the new conditions being proposed, the Municipal Code allows the City Council at the public hearing to approve a more restrictive zone and add conditions to further define and enhance a project. The Project has generated considerable controversy and the record includes correspondence both objecting and supporting the project. However, with the additional conditions and the cooperative effort by the developer to assure the project maintains compatibility with park functions and maintains the image initially portrayed to the City Council in 2001, staff recommends that the City Council approve the project as amended. CG-S:\GPA 1 st 2008\07-2098\Staff ReportsAdmin Report - Revised.doc MEETING DATE: May 21, 2008 AGENDA ECTION: Hearings ITEM: /11 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stanley C. Grady, Development Services Director May 12, 2008 DEPARTMENT HEAD~- CITY ATTORNEY Vel- CITY MANAGER PS General Plan Amendment/Zone Change 06-1052 (Ward 7) Maurice J. Etchechury, representing The John M. Antongiovanni Trust, the property owner, has applied for a general plan amendment and zone change on approximately 20 acres located in southwestern Bakersfield at the southwest corner of Panama Lane and Ashe Road. Resolution making findings and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Zone Change 06-1052. 2. Resolution adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on approximately 20 acres. 3. First reading of ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-28 from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 20 acres. RECOMMENDATION: Staff recommends adoption of resolutions certifying the Environmental Impact Report and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: Staff was advised on April 29th by John Furrow, M.R. Wolf and Associates, P.C. that he had received two notices with different hearing dates. One was dated May 7th the other May 21 8t. In order to make certain that the public has the correct hearing date; it was recommended that this item be continued to May 21 't. Anew notice has been prepared and distributed for a hearing date on May 21 st. The project will include approximately 137,609 square feet of leasable retail space. The proposed site plan consists of seven buildings that would include two major tenants (currently proposed as WinCo Foods grocery store and a pharmacy with drive-thru services), three restaurant drive-thru tenants, and two retail commercial buildings. The acreage will also include public right-of-way street improvements associated with the project and a future local street on the west side if the project. This project was previously heard by the Planning Commission on March 15, 2007, however at the May 9, 2007 City Council meeting the project was referred back to staff due to a letter submitted to the City Clerk by Wolfe & Associates stating there are unmitigated significant impacts and an environmental impact report is required. ADMINISTRATIVE REPORT Pane 2 The CEQA requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was determined that the project could have a significant environment effect. Therefore, in accordance with CEQA, an environmental impact report was prepared. The Planning Commission and staff conducted several hearings on the EIR including a public scoping meeting on August 1, 2007, an adequacy hearing to receive comments on the Draft EIR on February 7, 2008, and a hearing on the Final EIR on March 20, 2008. The Final EIR was recommended for certification by the Planning Commission on March 20, 2008. The Planning Commission conducted a public hearing on this general plan amendment/zone change on March 20, 2008, and recommended approval to the City Council. No individuals or agencies present at the hearing opposed the request and the applicant agreed to all conditions and mitigation for the project. Mitigation measures recommended as part of project approval address aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, public services and utilities. The impacts to mineral resources and urban decay were found to be less than significant and did not require mitigation measures. Despite compliance with local ordinances, state laws, mitigation measures incorporated into the project as conditions of approval, and construction in accordance with the uniform building codes, project and cumulative related impacts to traffic and transportation would remain significant. Staff and the Planning Commission recommend certification of the Final EIR and accompanying mitigation monitoring and reporting program and the adoption of CEQA findings and a statement of overriding considerations as required pursuant to State CEQA Guidelines Sections 15091 and 15093. CG-S:1GPA 1st 2008\06-1052 Panama Ashe EIROMStaff ReportMAdmin Report.doc BA E ADMINISTRATIVE REPORT C ~wvr u~ L1F0 MEETING DATE: May 21, 2008 AGENDA SECTION: ITEM: -7, Q , TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director May 8, 2008 Recommendation from the Budget and Finance Committee regarding the expansion of the City's refuse reduction programs. APPROVED DEPARTMENT HEAD ~C~'j 0 CITY ATTORNEY CITY MANAGER RECOMMENDATION: The Budget and Finance Committee recommends the City Council direct staff to hire a consultant to study the cost and advisability of proceeding with plans for a "clean" or "dirty" Material Recovery Facility (MRF), as well as a long-term comprehensive refuse reduction program. In addition, direct Public Works staff to provide the City Council with suggestions on how the City can advance the current "blue cart" recycling program beyond its current scope, including expansion to multi- family and commercial locations. BACKGROUND: March 31. 2008 Budget and Finance Committee Meeting: On March 31, 2008 the Budget and Finance Committee met to discuss a referral from Councilmember Scrivner regarding a proposal submitted by Metropolitan Recycling Corporation (MRC) to develop a transfer station and material recovery facility (MRF) to serve Metropolitan Bakersfield. Councilmember Scrivner represents the City of Bakersfield on the Kern County Solid Waste Management Advisory Committee and Local Task Force (SWMAC/LTF). His referral was in response to a February 15, 2008 SWMAC/LTF recommendation that the MRC proposal be presented to both the City Council and Board of Supervisors. MRC provided the committee with a presentation outlining their proposal to operate a transfer station/MRF facility, which they stated would result in greater diversion rates for the City and County and reduce air quality emissions. In addition to the MRC presentation, several other potential service providers were on hand including representatives from the Bakersfield Association of Retarded Citizens (BARC). BARC representatives highlighted a proposal they had recently submitted to the City that would allow BARC to partner with the City to expand the existing "blue cart" recycling program. Additional service providers were present and voiced their desire to explore the possibility of contracting with the City if and when the City expands its recycling efforts. Following the various presentations that were made, staff presented a report that included a number of alternative options that would have the potential of increasing recycling rates and reducing air emissions. Following a lengthy discussion of the items presented, the committee voted (2 to 1) to recommend that the May 8, 2008, 11:44AM G:\GROUPDATADMINRPT\2008\05-21 Wdmn Rpt for Recycling Study 5-21-08.doc ADMINISTRATIVE REPORT City Council retain a consultant to produce a long-term refuse reduction program for Metro Bakersfield that will analyze all proposals that had been presented at that time. April 23, 2008 City Council Meeting: At the April 23, 2008 City Council Meeting Councilmember Benham, who made the original motion at the March 31s' Budget and Finance Committee meeting, referred the matter back to the Budget and Finance Committee for further consideration. April 28, 2008 Budget and Finance Committee Meeting: On April 28, 2008 the Budget and Finance Committee discussed the March 31, 2008 committee recommendation. At issue was the fact that the recommendation included an independent analysis of proposals that had been submitted to the City without a formal request for proposal process having been conducted. The committee decided, by a unanimous vote, to reconsider the March 31St recommendation and to forward the revised recommendation, stated above, to the City Council. A draft scope of the consultant study is attached for your reference. This project is not budgeted, and will require additional appropriation of funds once a consultant is selected and the fee is determined. A rough cost for the consultant study is between $250,000 and $300,000. It is expected that the cost of this study will be shared with the County of Kern under the solid waste MOU, as was indicated by County staff at the April 28th Budget and Finance meeting. It is estimated that the entire study will take approximately one year from beginning to end. kb May 8, 2008, 11:44AM G:\GROUPDATIADMINRPT\2008\05-21 \Admn Rpt for Recycling Study 5-21-08.doc BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MAY 7, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 and 6:30 p.m. REGULAR MEETING - 5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Weir, Couch, Sullivan, Scrivner Absent: Councilmember Benham 2. PUBLIC STATEMENTS a. Fred Drew, Executive Director Community Action Partnership of Kern, Chris Dutton, Arther Ward and Lenora Daniels requested assistance in re- establishing Friendship House. 3. APPOINTMENTS None. 4. CONSENT CALENDAR Minutes: a. Approval of minutes of the April 23, 2008, Regular City Council Meeting. Payments: ACTION TAKEN b. Approval of department payments from April 11, ABS WEIR 2008 to April 24, 2008 in the amount of $15,194,906.54 and self-insurance payments from April 11, 2008 to April 24, 2008 in the amount of $185,939.58. Bakersfield, California, May 7, 2008 - Page 2 4. CONSENT CALENDAR continued ACTION TAKEN Ordinances: C. First reading of an ordinance approving a FR Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of Title Seventeen of the Municipal Code by changing the zoning from R-1 (One-Family Dwelling) to R- 31P.U.D. (Multi-Family Dwelling/Planned Unit Development) on 9.76 acres located generally south of Bernard Street between New Market Way and Oswell Street (ZC #07-1977 - San Joaquin Engineering, representing Central California Conference of the Seventh Day Adventists). d. Adoption of Ordinance amending Sections ORD 4505 13.04.021, 13.04.022 and 13.04.023 of the Municipal Code relating to Maintenance Districts. e. Adoption of Ordinance amending Municipal Code ORD 4506 Sections 1.12.010, 1.12.040 and 1. 12.060 by adding Annexation No. 519 consisting of 123.08 acres, located on the south side of Panama Lane, generally east of Cottonwood Road; Annexation No. 590 consisting of 94.11 acres, located on the east and west side of South Union Avenue, north of East Hosking Avenue to Ward 1; Annexation No. 472 consisting of 37.75 acres, located west of Calloway Drive, south of Seventh Standard Road; Annexation No. 553 consisting of 25.01 acres, located on the north side of Rosedale Highway, west of Allen Road; Annexation No. 566 consisting of 33.18 acres, located north of Etchart Road, east and west of Coffee Road to Ward 4; and, Annexation No. 521 consisting of 9.77 acres, located north of Taft Highway, west of Stine Road to Ward 6. Resolutions: f. Resolution confirming approval by the Assistant City RES 064-M Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Bakersfield, California, May 7, 2008 - Page 3 4. CONSENT CALENDAR continued ACTION TAKEN g. Resolution authorizing the filing of an application RES 065-08 with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2008-09 ($172,247) to be utilized for the maintenance of the Bakersfield Amtrak Station during said fiscal year. h. Resolution to extend the terms of existing PG&E RES 008-08(1) franchise agreements for the use, transmission, and distribution of gas and electricity within the City for a period of an additional 120 days (to September 19, 2008) under the existing terms and conditions. Resolutions approving applications proposing proceedings for annexation of uninhabited territory to the City identified as: Annexation No. 560 consisting of 7,484 sq. RES 066-08 ft., located east of McDonald Way, between Belle Terrace and Blomquist Drive. 2. Annexation No. 577, consisting of 0.52 RES 067-08 acres, located east of Fiorito Street, between Belle Terrace and Blomquist Drive. Agreements: Reimbursement Agreement with Castle & Cooke AGR 08-M California, Inc. (not to exceed $75,000.00) for design of roadway improvements at Allen Road and Ming Avenue. k. Agreement with the Bakersfield Senior Center REMOVED FOR ($100,000) of Community Development Block SEPARATE Grant funds to rehabilitate exterior walkway/roof at CONSIDERATION 530 4' Street. Assignment of Ground Lease Agreement 07-138 AGR 08-071 with Thomas and Robin Brown ($40 monthly) at the Bakersfield Municipal Airport for Hangar space B-4. M. Assignment of Ground Lease Agreement 06- AGR 08-072 361 with James Haddad ($40 monthly) at the Bakersfield Municipal Airport for Hangar space B-5. Bakersfield, California, May 7, 2008 - Page 4 4. CONSENT CALENDAR continued n. Annual Agreements for Asphalt Rejuvenator and Sealant: ACTION TAKEN 1. Amendment No. 1 to Agreement 07-141 with AGR 07-141(1) Burtch Construction (not to exceed $2,000,000) and extending the term of May 7, 2009 for the annual contract - provide and apply asphalt rejuvenator and sealant. 2. Amendment No. 1 to Agreement No. 07-142 AGR 07-142(1) with Alon Asphalt (not to exceed $400,000) and extending the term of May 7, 2009 for the annual contract - provide ready-to-use asphalt rejuvenator and sealant. o. Amendment No. 1 to Agreement No. 07-378 with T.D. Whitton Construction, Incorporated (not to exceed $4,000,000) for annual contract - street reconstruction and paving. Bids: p. Accept bid and award annual contract to Zumar Industries, Inc. ($67,046.75) for traffic signs. q. Water Meters: 1. Accept bid and award annual contract to Badger Meters ($172,404.38). 2. Accept bid and award annual contract to Measurement Control Systems ($417,050.10). Miscellaneous: AGR 07.378(1) AGR 08-073 AGR 08-074 AGR 08-075 Budget and Finance Committee Report regarding REMOVED FOR Fiscal Year 2008/09 Community Development Block SEPARATE Grant (CDBG), HOME Investment Partnership CONSIDERATION (HOME), and Emergency Shelter Grant (ESG) Annual Spending Plan. S. Revised Job Specification - Programmer Analyst. Bakersfield, California, May 7, 2008 - Page 5 4. CONSENT CALENDAR continued ACTION TAKEN t. Revised Job Specification for Hazardous Materials Specialist, Fire Plans Examiner, Fire Prevention/Environmental Officer, Director of Fire Prevention/Environmental Services. U. Miscellaneous Appropriations: 1. Appropriate $200,000 additional revenue to the Public Works Department's Operating Budget within the Equipment Management Fund for increased costs associated with maintaining fleet equipment. 2. Appropriate $10,000 General Aviation Fund Balance to the Public Works Department's Operating Budget for maintenance and improvement projects at the Bakersfield Municipal Airport. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 4.b. Motion by Vice-Mayor Hanson to approve Consent APPROVED Calendar items 4.a. through 4.u., with the removal of AB BENHAM items 4.k. and 4.r. for separate consideration. k. Agreement with the Bakersfield Senior Center AGR 08-070 ($100,000) of Community Development Block Grant funds to rehabilitate exterior walkway/roof at 530 a Street. Motion b Councilmember Carson to approve item 4.k. APPROVED by AB BENHAM Budget and Finance Committee Report regarding Fiscal Year 2008/09 Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Shelter Grant (ESG) Annual Spending Plan. (Accept report and authorize City Manager to execute all documents.) Motion by Councilmember Carson to approve item 4.u. APPROVED AB BENHAM Councilmember Carson requested the Budget and Finance Committee address the issue of funding for Friendship House. Bakersfield, California, May 7, 2008 - Page 6 5. CONSENT CALENDAR HEARINGS ACTION TAKEN a. Public Hearing to consider General Plan Amendment/Zone Change 07-1135; Dave Dmohowski, representing Tim Banducci, et. al., the property owners, has applied for a general plan amendment and zone change on approximately 60 acres generally located northwest of Ashe Road and McCutchen Road. Resolution approving the Negative RES 068-08 Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on 39.94 acres and to LI (Light Industrial) on 19.99 acres. 2. First reading of ordinance approving the FR Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 123-28 from A (Agriculture Zone) to R-2 (Limited Multiple Family Dwelling Zone) on 39.94 acres and to M-1 (Light Manufacturing Zone) on 19.99 acres. b. Public Hearing to consider General Plan Amendment/Zone Change No. 08-0151; the City has requested a general plan amendment on 1.85 acres and zone change on approximately 0.92 acres located on the northeast corner of San Dimas Street and 33`d Street. 1. Resolution approving the Notice of RES 069-08 Exemption and adopting the general plan amendment changing the land use designation from HR (High Density Residential) to OC (Office Commercial) on 1.85 acres. 2. First reading of ordinance approving the FR Notice of Exemption, amending Title 17 of the Municipal Code and amending Zoning Map No. 103-19 from R-3 (Multiple Family Dwelling) to C-O (Professional and Administrative Office) on 0.92 acres. Bakersfield, California, May 7, 2008 - Page 7 5. CONSENT CALENDAR HEARINGS continued c. Public Hearing to consider General Plan Amendment/Zone Change 07-1930; Brent Dezember, representing Structure Cast, the property owner, has applied for a general plan amendment and zone change on 19.55 acres, located at the southwest corner of Gosford Road and McCutchen Road. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource - Intensive Agriculture) to SI (Service Industrial) on 19.55 acres. 2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 123-32 from A (Agriculture) to M- 2 (General Manufacturing) on 19.55 acres. d. Public Hearing to consider Resolution approving the issuance of Revenue Bonds by the California Statewide Communities Development Authority for benefit of the Development Services Support Foundation for Kern, Inyo and Mono Counties for the purpose of acquisition, construction of a new office building, certain employee pension obligations, refinancing of a bank loan, and required reserves and costs of issuance and certain other matters relating thereto located at 3200 North Sillect Avenue. e. General Plan Amendment/Zone Change 06-1052; Maurice J. Etchechury, representing The John M. Antongiovanni Trust, the property owner, has applied for a general plan amendment and zone change on approximately 20 acres located in southwestern Bakersfield at the southwest corner of Panama Lane and Ashe Road. 1. Resolution making findings and certifying the Final Environmental Impact Report (EIR) for GeneralPlan Amendment/Zone Change 06-1052. ACTION TAKEN RES 070-OMB FR RES 071-08 CONTINUED TO MAY21, 2008 Bakersfield, California, May 7, 2008 - Page 8 5. CONSENT CALENDAR HEARINGS continued Item 5.e. continued 2. Resolution adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on approximately 20 acres. 3. First reading of ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-28 from R-1 (One Family Dwelling) to C-2/PCD (Regional Commercial/Planned Commercial Development) on approximately 20 acres. Public Hearing to consider General Plan Amendment/Zone Change 07-2342 Spring Hill Development has applied for a general plan amendment and zone change on approximately 18 acres generally located northeast of Highway 178 and Masterson Street. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on approximately 18 acres. 2. First reading of ordinance approving the Negative Declaration, amending Title 17 of the Municipal Code and amending Zoning Map No. 104-16 from R-1 (One Family Dwelling Residential) to R-2/PUD (Limited Multi-family Dwelling Residential/ Planned Unit Development) on approximately 18 acres. g. General Plan Amendment/Zone Change 06-0494; McIntosh and Associates, representing Douglas DeBerti and Sandye Deberti, the property owners, has applied for a general plan amendment and zone change on 60 acres, located on the east side of Edison Road (future), 1/2-mile north of Breckenridge Road. 1. Resolution denying the general plan amendment changing the land use designation from R-MP (Resource - Mineral Petroleum) and OS (Open Space) to LR (Low Density Residential) on 60 acres. ACTION TAKEN RES 072-08 FR CONTINUED TO NEXT GPA CYCLE Bakersfield, California, May 7, 2008 - Page 9 5. CONSENT CALENDAR HEARINGS continued ACTION TAKEN Item 5.g. continued 2. Resolution denying the amendment to Title 17 of the Municipal Code and amendment to Zoning Map No. 104-28 from A (Agriculture) to R-1 (One Family Dwelling) on 60 acres. City Clerk McCarthy announced correspondence was received from Pauline and Eric Bartlett regarding item 5.g. Hearings opened at 5:32 p.m. No one spoke. Hearings Closed (with the exception of item 5.e.)at 5:34 p.m. 6. Motion by Vice-Mayor Hanson to adopt Consent APPROVED Calendar Hearing items 5.a. through 5.d., and 5.f., with AB BENHAM 5.g. continued to the next GPA cycle and item 5.e. opened and continued to May 21, 2008. CLOSED SESSION None. Mayor Hall adjourned the meeting until 6.30 p.m. RECONVENED MEETING - 6:30 p.m. 7. 6. 9. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Weir, Couch, Sullivan, Scrivner Absent: Councilmember Benham INVOCATION by Pastor Matthew Mitchell, Golden Heights Church of Christ. PLEDGE OF ALLEGIANCE by Sarah McClure, 3`d grade student, Rio Bravo Greeley School. Mayor Hall recognized the Ridgeview High School government class in attendance at the meeting. Bakersfield, California, May 7, 2008 - Page 10 10. CLOSED SESSION ACTION None. 11. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Dr. Larry Reider, Kern County Superintendent of Schools, proclaiming May 17, 2008 as "California Living Museum Day". Dr. Reider accepted the proclamation, made comments and presented the Mayor and Council with gift bags. b. Presentation by Mayor Hall of Proclamation to Raul Rojas, Public Works Director, City of Bakersfield, proclaiming May 18 - 24, 2008, as "National Public Works Week". Public Works Director Rojas accepted the proclamation and made comments. 12. PUBLIC STATEMENTS a. Mathew Mitchell spoke regarding Neighborhood Watch. b. Will Winn served Councilmember Weir with a notice of intent to recall. C. Wayne Gallagher spoke regarding motorcyclists and traff ic enforcement. d. Lisa Anderson, Takvor Takvorian, David Boyd, Tim Stonelake and Kenneth Cannon (provided written material) spoke regarding the Highway 58 extension. 13. REPORTS a. Presentation of the Proposed Fiscal Year 2008-09 Budget. City Manager Tandy made a presentation and provided written material. Assistant City Manager Stinson and Management Assistant Kirkwood provided additional information. ACTION TAKEN Bakersfield, California, May 7, 2008 - Page 11 14. HEARINGS ACTION TAKEN a. General Plan Amendment/Zone Change 07-2098; CONTINUED TO McIntosh & Associates, representing Castle & MAY21, 2008 Cooke Commercial, the property owner, has applied for a general plan amendment and zone change on approximately 47 acres located west of Calloway Drive, between Stockdale Highway and the Kern River. Resolutions adopting the Land Use Element and Kern River Plan General Plan Amendments and changing the conditions of approval that were adopted as part of the River Walk Commercial Center GPA/ZC 00-0291 (Exhibit B of Resolution No. 123-01), as follows: a. Change Condition No. 19.b. from the requirement that no individual retail space will be more than 100,000 square feet of gross leasable area to a maximum of 140,000 square feet for the ground floor; and 2. First Reading of Ordinance amending Title 17 of the Municipal Code changing conditions of approval that were adopted as part of the Riverwalk Commercial Center GPA/ZC 00-0291 (Exhibit C of Ordinance No. 4020); change Condition No. 19.b. from the requirement that no individual retail space will be more than 100,000 square feet of gross leasable area to a maximum of 140,000 square feet for the ground floor. City Clerk McCarthy announced correspondence and phone calls were received regarding this item, eighteen in opposition and zero in support. Assistant Planning Director Eggert and City Manager Tandy made staff comments. Hearing opened at 7:51 p.m. Mike Feldman, Rich O'Neil (Kern River Park Committee), Mary Bond and Ken Bond spoke in opposition to the staff recommendation. Bakersfield, California, May 7, 2008 - Page 12 14. HEARINGS continued Bill Sampson (Castle & Cooke), Roger McIntosh (McIntosh & Associates), Millie Kirkland, Raymond Parker and Beau Lundy (JBL Commercial Group) spoke is support of the staff recommendation. Mayor Hall continued the hearing to May 21, 2008. 15. NEW BUSINESS None. 16. MAYOR AND COUNCIL STATEMENTS Councilmember Couch submitted referrals for staff action. Councilmember Carson thanked the Fire Department and Valley Bible Church for installing smoke detectors at Freemont School. Councilmember Carson extended wishes for a happy Mother's Day. 17. ADJOURNMENT Vice-Mayor Hall adjourned the meeting at 8:19 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 SACouncihMINUTES\2008\May Tdoc