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HomeMy WebLinkAbout02/23/01 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM February 23, 2001 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager /C)T(z~ SUBJECT: General Information 1. A reminder - Jacquie Sullivan, Jack Hardisty, and I will be traveling to Mongolia on March 1st through 9th. During my absence, John Stinson will be in charge, and Alan Christensen will be handling the City Center matters. Communication to Mongolia may be tough, but I will attempt to be in contact with the office when possible. 2. Regarding future Council meetings, I was told that April 18th is not an acceptable replacement date for the April 11th meeting. We'll keep the established schedule and try to keep April 11th free from major issues, since two Councilmembers will be gone. 3. A memo is enclosed addressing two financial issues regarding the City Center project: a) the Southeast PAC request to retain 10% of the tax increment, and; b) the methods that can be used to take the annual "unfunded by others" cost on the stadium to zero. The Redevelopment Agency will consider the SE PAC request at their February 26th meeting; the Council will consider both issues at the March 14th joint Agency/ Council meeting. 4. Staff attended a pre-CEQA review meeting this week with local agencies regarding the proposed sale of the Kern Power Facility located at Rosedale Highway and Coffee Road. A status report is enclosed. 5. The next free bulky item drop off day will be on Saturday, March 10th. The attached memo provides details. Honorable Mayor and City Council February 23, 2001 Page 2 6. Responses to Council requests are enclosed, as follows: Councilmember Benham · Citizen complaint regarding palm tree at 114 Jeffrey Street. Councilmember Couch · Financial information on the City Center project, including the GRC Study and the stadium financing spreadsheet has been posted on the City's web site. · Traffic control on Old River Road (dual response -Public Works and Police) Councilmember Maggard · Status on feasibility of showing movies in parks where stages exist. Councilmember Salvaggio · Concerns regarding signs and banners at motel at 2700 White Lane; · Additional enforcement of illegal parking of commercial vehicles on Los Carneros Street. AT:rs cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM February 22, 2001 TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager /~~ SUBJECT: City Center- Financial Issues Southeast PAC Request to Retain 10% of the Tax Increment. As you are aware, the Southeast PAC has requested that, instead of all the tax increment being applied to the debt service on the stadium, they would like 10% to be returned by the Redevelopment Agency for other projects in the Southeast Project Area. The value is $32,000 per year. The Redevelopment Agency is scheduled to meet on this and to make a recommendation at its Special Meeting on February 26th. If the request is not honored, it saves the General Fund money. The Southeast Project Area will see growth in its budget for new development around the City Center project. On the other hand, it is a modest request and would help preserve community support. Staff recommends that we honor the PAC request. Cash up-front or Payment over time. The financing plans that have been presented to date have been based upon no up-front City cash going into the stadium beyond what has already been spent for preliminary work. The City does have a parallel option to the circumstances faced by a homeowner when taking out a home mortgage. Often homeowners have the option of 10% down with higher mortgage payments or 20% down with lower monthly payments. That decision has no right or wrong to it - it is a matter of the homeowners personal preference and financial situation. The City of Bakersfield has a similar option to reduce the "unfunded by others" annual stadium cost by putting in up-front cash. Using the plan showing $248,000 per year in "unfunded by others" costs, it would take $2.5 million in up-front cash and a two-year debt extension to take the "unfunded by others" amount to zero. The source can be the Facility Replacement Reserve. The Reserve would then be rebuilt from a naming rights deal, soccer franchise or other non-recurring revenues. Staff believes that either funding plan works. The $248,000 per year is easily affordable, or the $2.5 million up-front is just fine too, should that be Council preference. An explanatory memo is enclosed. B A K E R S F I E I~ D OFFICE OF THE CITY MANAGER MEMORANDUM February 22, 2001 TO: Honorable Mayor and City Council Redevelopment Agency Ad Hoc Committee - City Center P[.ojeqt~ FROM: Alan Tandy, City Manager ~'~/ SUBJECT: Taking the Annual "Unfunded by Others" Cost on the Multi-Purpose Stadium to Zero. Members of the City Council have asked staff if there is any reasonable way to take the annual "unfunded by others" cost of the Multi-Purpose Stadium to zero or alternately to as close to zero as might be possible. This memo attempts to summarize what the staff sees as ways that could be done. For purposes of this discussion, we will use the figure of $248,000 per year as the unfunded amount. As stated before, as more information comes in regarding interest rates, funded interest periods, bond insurance, debt service, reserves, etc., that number is subject to a degree of change. Alternate A Get a naming rights deal. We believe that $200,000 a year is possible. Realistically, however, due to the pace of the team sale, it is unlikely that a naming rights deal will come through by the time the stadium is up for action by the City Council. Alternate B Add a professional soccer franchise and require an up-front contribution. Realistically, this is a few years away and will not occur in a timely enough schedule to be in by the time the stadium is up for action by the City Council. Multi-Purpose Stadium Page 2 Alternate C Debt service extension. Slightly lengthening the overall debt service term reduces the annual cost. Each year added to the life of the debt service reduces annual costs by + $50,000. Total interest costs increase with this action. Staff would recommend that two years be added to the four previously proposed, resulting in a reduction of_+ $100,000 per year in the unfunded debt service. Alternate D Southeast PAC Request. The Southeast PAC has requested that 10% ($32,000 per year) from the tax increment from City Center be retained for new projects rather than applying it to the debt service. Numbers presented to date have been based upon honoring the Southeast PAC request. While honoring or not honoring this request is a discretionary decision by the Agency and City Council, staff is recommending that the PAC request be honored. There are other ways to take the unfunded cost to zero. Alternate E Use cash for the Facility Replacement Reserve to reduce the amount that needs to be borrowed, thus reducincj the annual debt service. Reimburse the Facility Replacement Reserve in the future from a naming rights deal, soccer franchise payment, or, if those do not develop, from other revenues. This was done on the Centennial Garden and is consistent with that precedent. What is the Facility Replacement Reserve? In the mid-1990's, there was an unexpected and very substantial cost for HVAC System replacement at the Convention Center. The Budget and Finance Committee, and later the full City Council instructed staff to create a Facility Replacement Reserve and to fund it with one-time monies when they come available. The purpose of the fund is to be available to repair or replace capital assets that wear out. The fund balance was built to $2,000,000 - that full amount was spent on Centennial Garden. The fund balance has since been built back to $3,200,000. This, as a proposed use, is consistent with the intent of the fund, except that, in this case, the replacement would be for a worn out County asset - Sam Lynn Park - being replaced with a new City asset. How would the numbers look? For each $1,000,000 put in from the Facility Replacement Reserve, the annual debt service is reduced by _+ $90,000. Pros and Cons of using Facility Replacement Reserve Pros - Eliminates apprehension about the long term budget impact of the "unfunded" amount. The action is consistent with what was done on Centennial Garden. Multi-Purpose Stadium Page 3 Cons- The "rainy day account" would be reduced until the fund balance was replenished. Note, however, that the Centennial Garden opened in the fall of 1998 - the fund balance has been built up quite rapidly. Council Option If the City Council is more comfortable with an up-front contribution of $2.5 million, along with a 2-year debt extension, the "unfunded by others" annual debt can be reduced to zero. CITY OF BAKERSFIELD STADIUM FINANCING PLANS TAKING GRC STUDY INTO ACCOUNT Revised Option B Option D Stadium Cost $16,000,000 $16,000,000 Less Franchise Contribution -2,500,000 -2,500,000 Subtotal 13,500,000 13,500,000 Less City Contribution -2,500,000 Less Reinvestment of: GRC One Time Revenues -300,000 -300,000 Stadium Cost Financed $13,200,000 $10,700,000 Annual Cost After One Time Contributions: Additional Annual Debt $924,000 $684,000 Less Tax Increment -317,000 -317,000 Plus Tax Increment (SE PAC Request 10%) 32,000 32,000 Less Direct/Indirect Revenue -288,000 -288,000 Less Franchise Lease -103,000 -115,000 Unfunded Cost to Taxpayer $248,000 -$4,000 Notes: Option B assumed a 25 year COP with final maturity in 2026, funded interest for 18 months, City investment of $300,000, bond insurance and a Debt Service Reserve surety. Option D assumes a 27 year COP with final maturity in 2028, funded interest for 23 months, City investment of $2,800,000, bond insurance and a funded Debt Service Reserve. S:\KimG\Gregory\Wksht- StadFinW-GRC1 .wb3 22-Feb-01 BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM February 21, 2001 TO: Alan Tandy, City Manager FROM: John W. Stins~ssistant City Manager SUBJECT: Meeting on the Proposed Sale of Kern Power Facility by PG&E Co. On Thursday February 15, 2001 there was a pre-CEQA review meeting with local agencies regarding the proposed sale of the Kern Power Facility (located at Rosedale Highway and Coffee Road). California State Public Utilities Commission staff and consultants met to discuss the possible sale of the plant. Staff from the Fire Department, City Attorney, Planning Department and City Manager's office were present. There was also staff from County environmental health, the Air Pollution Control District, Cai EPA and the Public Utilities Commission. The sale of the facility has been held up due to a recent change in state law regarding the sale of power generating facilities due to the energy crisis. The parties involved in the sale are seeking legal clarification and interpretations in order to proceed with the sale. In the event the sale proceeds, the environmental review would possibly be done with a negative declaration. The city will be notified of any actions taken by the PUC to approve the sale. Staff provided information and documents for use by the PUC in their environmental review, and conveyed items which may be of concern to nearby residents and businesses such as groundwater quality and noise. Staff will continue to monitor the project as it proceeds through the state process. The staff members in attendance will all receive notices pertaining to the project. S:kIOHI~ern Power Facility Mtg.wpd FACT SHEET Proposed Sale of Pacific Gas & Electric Company's Kern Power Facility FEBRUARY 2001 Project Background Pacific Gas and Electric Company (PG&E Company) has applied to the California Public Utility Commission (CPUC) to establish the market value of and for authority to sell its Kern Facility, pursuant to Public Utilities Code Sections 367(b) and 851. By. state law, PG&E Company must assign a value to the Kern Facility by the end of 2001 in order to determine the total Competition Transition Costs (CTC) associated with the restructuring of the electric utility industry? As with other previous applications to value its generating assets, PG&E Company decided to conduct an auction process to determine a fair market value for the Kern assets. Though not required to do so by state law, PG&E Company also decided to sell nearly all its operating fossil-fueled generating assets to the highest bidder in each auction process? PG&E Company has already completed the auction process for the Kern Facility and identified the North American Power Group (NAPG) of Greenwood Village, Colorado, as the winning bidder, with a bid of $550,000. NAPG has announced it would like to restart the Kern Facility as soon as possible, after obtaining needed permits and approvals from the appropriate local, regional and state agencies. California Environmental Quality Act (CEQA) Review The decision by the CPUC to approve or disapprove PG&E Company's application is subject to a review under the California Environmental Quality Act (CEQA), which requires government agencies to consider potential impacts to the environment when they make decisions. The scope of the Commission's CEQA review in this case is limited to the decision to approve or disapprove PG&E Company's application to value and sell the Kern facility. In the interest of the full disclosure of potential effects that is mandated by CEQA, the Commission will also consider the potential impacts of the reasonably foreseeable events that would follow the approval of the sale of the facility, such as the restarting of the facility. However, it is important to note that the restart of the Kern Facility would be subject to the jurisdiction of the California Energy Commission through its Application for Certification proceeding, which is a CEQA- equivalent process. Mitigation of impacts associated with the restart of the facility would be the sole responsibility of the California Energy Commission. Facility Description The Kern Facility, located on a 155-acre site at 2401 Coffee Road in Bakersfield, was built in 1945-50 and consists of two separate generating units. The capacity of Unit 1 was 75 MW,. while Unit 2 could generate 105 MW, for a total of 180 MW in generating capacity. In 1956 and 1961, laydown areas were added to the site where transmission, distribution and substation The restructuring of the electric utility industry was mandated in Assembly Bill 1890, signed into law by Governor Pete Wilson in 1996. Among other things, the law called for introducing competition in the electricity generating sector, while allowing utilities to recover the costs of constructing and operating power plants prior to the onset of restructuring. The law allows utilities to recover these "stranded assets" costs through a Competition Transition Charge (CTC). To calculate the total amount that the utilities can recover from ratepayers through the CTC, the utilities must determine the book value of all existing generating assets. PG&E has already sold all fossil fueled generating assets that were operable just prior to the onset of restructuring, with the exception of the Humboldt Bay Power Plant fossil units, which the utility intends to maintain at least until it completes the decommissioning ora retired nuclear unit at the Humboldt Bay site. February 12, 2001 1 FACT SHEET Proposed Sale of Pacific Gas & Electric Company's Kern Power Facility FEBR UAR Y 2001 materials are temporarily stored for use by maintenance crews. Several percolation ponds on the western side of the site were expanded to the north between 1961 and 1975. These ponds take water from the nearby Friant-Kem Canal (part of the federal Bureau of Reclamation's Central Valley Project) and provide percolation to recharge the local aquifer. Current uses at the site include PG&E Company's maintenance operations, a 492-foot by 551-foot Christmas tree farm in the north-central portion of the site, and livestock grazing on the western portions of the site. The site is zoned for General Manufacturing (M-2) use by the City of Bakersfield. Also on site are several operating and non-operating oil production wells, which are independently owned and operated. Ownership and operation of these oil wells is not expected to change as a result of the Kern facility sale. When the facility was operating, water for cooling tower operation.s was drawn from several on-site wells that tap into two aquifers below the site, one shallow and one deep. The shallow aquifer has been contaminated by petroleum products from nearby refinery operations, making it unfit for human consumption. Local and state agencies are currently formulating a plan to cleanup the contamination. It is not clear at this time whether the facility could or would use the well water for operations if it is restarted. PG&E Company operated the plant from 1948 to 1985, when it placed the plant in cold stand-by because of the availability of less expensive sources of energy and capacity. The plant remained in cold stand-by until PG&E Company retired the generation production assets from its books in 1994; the 155-acre site remains on the books. All operational permits associated with the plant have expired. PG&E Company is therefore selling the facility as a non-operating plant. The assets that PG&E Company proposes to sell include: the two generating units, each with two boilers that can burn natural gas or fuel oil, one single-stage steam turbine-generator, and associated equipment. Additional elements of the facility include four empty above-ground storage tanks, previously used to store fuel oil for the boilers, as well as cooling towers, support buildings, and a drainage pond. The internal portions of the power generation units, such as insides of the boilers, turbines, feed system and steam system, are in good condition because of the warm and dry climate in Bakersfield. The rest of the generating units, such as the controls and instrumentation systems, are in generally fair condition, as would be expected of a plant that has been closed for more than 15 years. What to Expect The Kern Facility, like PG&E Company's other generating facilities, contains a mixture of generation, transmission and distribution assets. PG&E Company intends to retain approximately 31 acres of land associated with existing transmission and distribution assets at the site and for probable expansion of two of the four on-site substations (12kV, 70kV, 115kV, and 230 kV) within the next 10 years. The property PG&E Company intends to sell consists of approximately 124 acres of land and the existing structures and buildings associated with the retired power plant. If the sale is approved as proposed, PG&E Company would retain certain easements to the prOperty associated with its transmission substations. With these easements, PG&E Company would not need to maintain ownership of the property in fee. PG&E Company would also maintain ownership of the natural gas pipeline that was used to fuel the boilers. If the sale is approved and the new owner restarts the plant, it will have to secure its own gas supplies and arrange for pipeline service to transport the gas to the site. February 12, 2001 2 FACT SHEET Proposed Sale of Pacific Gas & Electric Company's Kern Power Facility FEBRUARY 2001 As part of the separation of the retained assets, PG&E Company would relocate 63 employees currently working on the Kern site, including Transmission Maintenance, Substation Maintenance, General Construction and Telecommunications personnel. Efforts are underway to relocate these employees, as well as the equipment and stored materials associated with their work. Similar to its previous fossil plant divestitures, PG&E Company would indemnify the buyer from~ soil and groundwater contamination present at the site at the closing of the sale, with the exception of contamination caused by identified third parties (such as contamination caused by oil production wells on site). PG&E Company has conducted a Phase II Environmental Site Assessment for the Kern Facility lo determine PG&E Company's environmental remediation liability. Consistent with the proposed Purchase and Sale Agreement and prior divestitures, PG&E Company would transfer the plant's non-environmental decommissioning liability to the new owner, with the exception of certain legally required asbestos abatement work, which is already completed. This asbestos abatement work involved the removal of insulation with asbestos-containing material that had deteriorated and became friable and airborne if it were not removed. FebruarY 12, 2001 3 Agency Meetings Feb. 15&16,20001 Sign-In,Sheet Address: 2g~O ~ ~¢ 2%C Z¢~ City: ~m~ State: ~ Zip: Address: City: State: Zip: Name: Telephone: Address: City: State: Zip: ~ame: lelephone: Address: Ci~: State: Zip: Name: Telephone: ~ddress: City: State: Zip: Name: Telephone: Affiliation: E-Mail: Address: City: State: Zip: Sign-In-Sheet . (Fx ' : Address: ~0~ ~ ~ ~ City:,~~~ State: ~ Zip: Name: Telephone: ~ddress: Ci~: State: Z~p ~ame: Telephone: ~ddress: Ci~: State: Z~p ~dd tess: City: State: Zip FEB ' C!TY MANAGEi:,,%; .... PUBLIC WORKS DEPARTMENT MEMORANDUM TO: ~¢lan Tandy, City Manager ^//~.~ FROM: L/~ Jacques R. LaRochelle, Interim Public Works Director /I DATE: ~ February 15, 2001 SUBJECT: BULKY ITEM DROP OFF DAY - SATURDAY, MARCH 10, 2001 On the next quarterly Bulky Item Drop Off Day, Saturday, March 10th all City and County residents are invited to drop off unwanted bulky items, from 8:00 a.m. to noon. The following sites will be available: South High School North High School Liberty High School Kern Medical Center Our Lady of Perpetual Help Church @ 124 Columbus The intent of the bulky item program is to provide residents the convenience of discarding items too large to put out with the regular trash, without having to drive all the way to the landfill. Residents can get rid of old couches, chairs, refrigerators, stoves, swing sets, etc. This is free for City and County residents, not businesses. Therefore, regular trash, household hazardous waste, and business waste will not be accepted. The event is sponsored by the City, County and local trash haulers. City forces will conduct the operation at one of the locations. sp c: ~'Kevin Barnes, Solid Waste Director Sal Moretti, Solid Waste Superintendent Solid Waste Supervisors S:~0?.MOS'xMANAGER'~BULKY ITEM_MAR 10.wpd TO: ALAN TANDY, CITY MANAGER ' FROM: JACK HARDISTY, DEVELOPMENT SERVICES DI DATE: February 20, 2001 SUBJECT: 114 JEFFREY STREET Council Referral No. WF0018759 (Ward 2) ICouncilmember Benham requested that code enforcement contact citizen regarding a problem with neighbor's palm tree too close to her fence. On February 16, 2001, Code Enforcement Officer Paquette responded to a complaint received regarding a neighbor's palm tree being planted too close to her fence which was causing damage. Officer Paquette spoke to the resident and inspected the property. He found the palm tree from 118 Jeffrey Street was properly pruned, however, was encroaching the property line of 114 Jeffrey Street due to the tree's trunk being very large in diameter. The complaint regarding the palm tree was primarily a civil matter and the resident was informed she could speak to an attorney to address the problem. Officer Paquette did note two property maintenance violations at 118 Jeffrey Street while inspecting the property. The violations were a large, overgrown and hazardous evergreen tree and a fence in such condition of deterioration or disrepair as to be unsafe. Officer Paquette issued a 7- day abatement notice to the owner of the property. The owner of the property has until February 23, 2001 to correct the violations. If the violations have not been corrected by that date, an abatement hearing will be scheduled per our administrative process. DP:km cc: Trudy Slater, Administrative Analyst Dennis Fidler, Building Director Randy Fidler, Chief Code Enforcement Officer P:\MEMOS\114jeffre~;.wpd ~ BAKERSFIELD PUBLIC WORKS DEPARTMENT TO: ALAN TANDY, City Manager FROM: (~~CQUES R. LaROCHELLE, ~0 ~ierim Public Works Director DATE: February 21, 2001 SUBJECT: SPEEDING @ OLD RIVER Council Referral No. WF0018758 / 002 (Ward 4) Dual referral: Councilmember David Couch requested staff review the letter from Audrey Barnes and address her concerns with regards to a stop sign at Old River and Ridge Oak and respond back to her. Police to increase enforcement of speeding in that area. The Traffic Engineer has contacted Audrey Barnes and will be sending her a letter regarding traffic control at the intersection of' Old River and Ridge Oak. The recent traffic fatality 500 feet north of the intersection was also of concern. The solo fatal accident did not occur at the intersection and intersection control was'not a factor, based on the Police Report. The Traffic Engineer told Audrey Barnes that the intersection had been studied this past year and did meet warrants for traffic signal control. A traffic signal for the location is not currently funded. 'Traffic Engineering will conduct another study of the traffic volumes at the intersection to see if stop signs would be appropriate as an interim measure since the signal may not be built for some time. The Traffic Engineering staff will be reviewing the location and traffic data to make a recommendation regarding interim traffic controls. Traffic engineering will also conducted a speed survey on Old River and will provide the information to the Police Department. cc:Traffic Engineer S:\WP\CC_REFS\Speeding_OIdRiveNVF0018758 002.wpd BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 326-3724 February 21,2001 RAULM. ROJAS, DIRECTOR.CITYENG]NEER AUDREY W. BARNES 3018 TEA ROSE STREET BAKERSFIELD, CA 93311-2981 Re: INTERSECTION CONTROL - OLD RIVER ROAD AT RIDGE OAK DRIVE Dear Audrey W. Barnes: Thank you for your faxed letter regarding intersection control at Old River and Ridge Oak and concern for speeding vehicles on Old River. As you know from a previous letter, the intersection met valid State of California warrants for a traffic signal installation in March, 2000. There are currently thirty-nine (39) intersections in the City that meet one or more warrants for a traffic signal control. Due to limited funds the locations are prioritized based on accident histories, high traffic volumes and other operational problems. At this time, the location has not yet received funding due to the need for signals at other higher ranked locations. Traffic Engineering will restudy the intersection and obtain new traffic volumes which may have increased with the continued development in the area. Since a traffic signal may not be built for some time, we will consider whether other traffic controls such as stop signs would be appropriate as an interim measure. As mentioned in your letter, there was a recent traffic fatality on Old River. Based on the Police Report, the solo fatal accident did not occur at the intersection and intersection control was not a factor. Traffic Engineering will conduct a 24hr speed profile of Old River Road and forward the information to the Police Department for increased enforcement. Very truly yours, Jacques R. LaRochelle Interim Public Works Director by Stephen L. Walker Traffic Engineer S:~WP~,CC_REFS~TheGreens_Bames_TrafficSignal_2.1tr. wpd ~ City of Bakersfield *REPRINT* REQUEST DATE: 2/1 14/0 CREW: TIME PRINTED: 8:59:04 SCHEDULE DATES LOCATION: ST~R~': 2~14~01 LOCATION ID: ZIP CODE: COMPLETION: 2/22/01 GEN. LOC: WARD4 FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUNCILMEMBER COUCH ORIGIN: CITY COUNCIL REFERRAL USER ID: PMCCARTHY WORK TYPE: REFERRAL DESCRIPTION: SPEEDING @ OLD RIVER CONTACT AUDREY W. BARNES 'Phone 1 661 - 6630628 ( ) 3018 TEA ROSE ST. Phone 2 - ( ) BAKERSFIELD, CA 93311 REQUEST COMMENTS **DUAL REFERRAL TO PUBLIC WORKS-TRAFFIC & POLICE** COUNCILMEMBER COUCH REQUESTED STAFF REVIEW THE LETTER FROM AUDREY BARNES AND ADDRESS HER CONCERNS WITH REGARDS TO A STOP SIGN AT OLD RIVER AND RIDGE OAK AND RESPOND BACK TO HER. POLICE TO INCREASE ENFORCEMENT OF SPEEDING IN TF~AT AREA. Job Order Description: SPEEDING @ OLD RIVER  at~gory: PUBLIC WORKS asK: RESPONSE TO REFERRAL Assigned Department: PUBLIC WORKS START DATE /__/__ COMPLETION DATE TO: ALAN TANDY, CITY MANAGER ~ FROM: ERIC W. MATLOCK, CHIEF OF POLICE DATE: FEBRUARY 22, 2001 SUBJECT: SPEEDING AT OLD RIVER Council Referral No. WF 0018758/01 (Ward 4) *Dual Referral to Public Works/Traffic and Police* Council Member Couch requested staff review the letter from Audrey Barnes and address her concerns with regards to a stop sign at Old River and Ridge Oak and respond back to her. Police to increase enforcement of speeding in that area. In response to Council Member Couch's request, additional Traffic officers were assigned to provide concentrated radar enforcement in the area to discourage speeding. Officers will continue to monitor the area. EWM/vrf CITY IViAN~GF--~'S ~' DEPARTMENT OF RECREATION AND PARKS DATE: February 21, 2001 TO: Alan Tandy, City Manager FROM: Stan Ford, Director ~-~' SUBJECT: Movies in the Park Council Referral No. WF0018753/001 (Ward 3) Councilmember Maggard requested staff to explore the feasibility of showing movies in the parks where stages exist and report back to City Council. Movies in the Park are feasible - equipment and movies for this purpose are available for rental. Staff is assessing the costs associated with such an event. It is proposed to establish a seven-week series to take place in various areas of the city. Where a permanent stage is not available, the mobile stage may be suitable for use. Staff will complete the cost estimate then report back to City Council. S:\Council Referrals\WF0018753V2.wpd February 21, 2001 (5:53PM) City of Bakersfield *REPRINT* WORK REQUEST PAGE 1 REQ/JOB: WF0018753 / 001 PROJECT: DATE PRINTED: 2~22~01 REQUEST DATE: 2/14/01 CREW: TIME PRINTED: 11:41:52 SCHEDULE DATES LOCATION: ~'l'~U~'l': Z~15~01 LOCATION ID: ZIP CODE: COMPLETION: 2/22/01 GEN. LOC: FACILITY NODES FROM: FACILITY ID: TO: REF NBR: REQ DEPT: CITY COUNCIL REFERRAL PRIORITY: HIGH REQUESTOR: COUNCILMEMBER MAGGARD ORIGIN: CITY COUNCIL REFERRAL USER ID: PMCCARTHY WORK TYPE: REFERRAL DESCRIPTION: MOVIES IN THE PARK REQUEST COMMENTS ***REFERRAL TO RECREATION & PARKS*** COUNCILMEMBER MAGGARD REQUESTED STAFF EXPLORE THE FEASIBILITY OF SHOWING MOVIES IN THE PARKS WHERE STAGES EXIST AND REPORT BACK TO COUNCIL. Job Order Description: MOVIES IN THE PARK Category: RECREATION & PARKS Task: RESPONSE TO REFERRAL Assigned Department: RECREATION & PARKS INSTRUCTIONS 2/22/01 ~TAFF HAS DETERMINED THAT MOVIES IN THE PARK ARE FEASIBLE. STAFF WILL COMPLETE THE COST ESTIMATE THEN REPORT BACK TO CITY COUNCIL. JHG START DATE / / COMPLETION DATE / / BAKERSFIELB TO: ALAN TANDY, CITY MANAGER FROM: JACK HARDISTY, DEVELOPMENT SERVI~ DATE: February 16, 2001 SUBJECT: PYLON SIGNS & BANNERS -2700 WHITE LANE Council Referral No. WF0018755 (Ward 7) Councilmember Salvaggio requested that code enforcement address his concerns regarding the signs at the motel at 2700 White Lane. On January 30, 2001, Code Enforcement Officer Fenstermaker responded to a complaint received regarding pylon signs and banners located on the property of the newly remodeled Howard Johnson motel at 2700 White Lane. Officer Fenstermaker issued a correction notice to the manager of the motel to obtain a permit for the banners which was obtained on January 31, 2001. The owner of the illegal pylon sign has until March 3, 2001 to remove it. If the pylon sign has not been removed by that date, an abatement headng will be scheduled per our administrative process and we will have it removed. GF:km cc: Trudy Slater, Administrative Analyst Dennis Fidler, Building Director Randy Fidler, Chief Code Enforcement Officer '; p:\MEMOS~2700white.wpd TO: ALAN TANDY, CITY MANAGER Z. FROM: ERIC W. MATLOCK, CHIEF OF POLICE~_~ DATE: FEBRUARY 22, 2001 SUBJECT: PARKING ON LOS CARNEROS Council Referral No. WF 0018756/01 (Ward 7) Council Member Salvaggio requested Traffic provide additional enforcement of illegal parking of"big rigs" and commercial vehicles on Los Carneros Street. Commercial Enforcement Officer B. Ware was assigned to concentrate enforcement efforts in the area. Special enforcement was provided between February 15.and February 20. Violations were only observed on February 15t", and three citations were issued. Officer Ware has issued citations for commercial vehicle violations on Los Carneros during the past few months, and he will continue to monitor the area. EWM/vrf BAKERSFIELD MEMORANDUM February 23, 2001 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JOHN W. STINS(~,~SISTANT CITY MANAGER THROUGH: ALAN TANDY, CITY MANAGER SUBJECT: AGENDA HIGHLIGHTS - FEBRUARY 28, 2001, COUNCIL MEETING PRE-MEETING There are two workshops. The first is a report by Kern County Airports Director Ray Bishop on the status of the new airport terminal. The second is a continuation of the City Council goal setting session: Goal #4: Plan for Growth and Development and Goal #5: Maintain and Upgrade the City's Quality of Life. If additional time is needed, this item may be continued at the end of the regular agenda. There is one closed session item: the City Manager performance evaluation. APPOINTMENTS There are four appointments to the Keep Bakersfield Beautiful Committee for Wards 1,2, 5, and 6. Applications have been received from the following individuals: Dana C. Karcher, Michael G. Ming, Keith Stroller, and John Enriquez. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. Ordinance amending the Municipal Code related to utilization of the Planned Commercial Development (PCD) and Planned Unit Development (PUD) zones as combined zones. This ordinance provides that the existing Planned Unit Development (PUD) and Planned Commercial Development (PCD) ordinances be amended to allow their use as either exclusive zones or as combining zones. It would not be the intent to assign the PUD/PCD combined zone in all residential and commercial zone change cases. It should be reserved for sites with sensitive or unique circumstances, or when public input indicates it would be beneficial. The Council could also approve a specific zone classification with a PUD/PCD combining zone when the Council deems it necessary to regulate design. Community advantages include: A) the Planning Commission would have design control on unique or sensitive areas; B) increased neighborhood input on proposed design; and C) Planning Commission/Council assurance of design review in controversial rezoning applications. HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page -2- Developer advantages include: A) applicant receives zoning entitlements prior to investment into project design; B) project design investment placed nearer to project fruition; C) fewer design amendments (processing timing delays) necessary due to project evolution time; and D) applicants can assure neighborhoods of future design input opportunity. This proposed ordinance was provided to the local Building Industry Association, American Institute of Architects, Bakersfield Association of Realtors and the City's list of engineers and architects. No one spoke in opposition to the proposed ordinance amendments at the Planning Commission hearing. Staff recommends referral to the Urban Development Committee. Resolutions: Item 8d. Resolution of Intention calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area, District No. 2, Division 27 (Stockdale). This resolution sets a public hearing for the proposed underground utility district for March 14, 2001. All overhead lines in the area along Stockdale Highway between Highway 99 and Coffee Road are to be relocated underground. Any landscaping disturbed by the relocation of the lines will be replaced by PG&E. The district will be constructed with PG&E Rule 20A funds, as well as the private panel conversions, at no cost to the City. Item 8e. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers in the Finance Department. This resolution is a housekeeping item that authorizes the Finance Department to destroy obsolete records and reports that are more than two years old and have been approved for destruction by the City Attorney's office. A list of documents is included in the Administrative Report. Item 8f. Resolution adding territory, Area 4-19 (Alfred Harrell, 178) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. A written request to be included into the Consolidated Maintenance District has been received from the owners of the tentative tracts generally bounded by a line 1 3/4 miles north of Highway 178 on the north, a line 1 mile east of Alfred Harrell Highway on the east, a line 1/4 mile south of Highway 178 on the south, and Alfred Harrell Highway and the west line of Section 10 on the west. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a proposed public park and public street landscaping. The area will be under the park and street landscaping zones of benefit and when a park has been constructed and street landscaping has been installed, assessed an amount for park tier I and street tier 2. Item 8g. Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 418, located at the southwest corner of Meacham Road and Calloway Drive. The proposed annexation consists of approximately 2.5 acres of uninhabited land located at the southwest corner of Meacham Road and Calloway Drive. The site is developed with a church facility. The property owner has consented to annexation and wishes to receive city services. HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page -3- Item 8h. Resolution requesting an extension of time for the Southeast Metropolitan Bakersfield Enterprise Zone. This resolution is the final Council action necessary for an application to be submitted to the State of California for a five-year extension of the Southeast Metropolitan Bakersfield Enterprise Zone designation. The enterprise zone, a joint project between the County of Kern and the City of Bakersfield, is set to expire October 14, 2001. The extension, if approved by the State, will give enterprise zone businesses an additional five years to earn State tax benefits. It will also assist the City and County in marketing Southeast Bakersfield to employers that create jobs and increase private sector investment in the area. The County will be taking a similar resolution to the Board of Supervisors on February 27th. Item 8i. Resolution in support of pursuit of the development of a Kern Bluffs Corridor Open Space Plan. A coalition of community groups, City staff and Councilmembers have been meeting to discuss options for developing a plan to preserve an area in the northeast commonly referred to as the Kern Bluffs. The citizens' group met with the Urban Development Committee on February 12th to discuss options to develop a Kern Bluffs Corridor Open Space Plan. Representatives from the group informed the Committee that grants may be available to assist with the development of the plan. The group further stated that most grants would want city support and/or matching funding in order to improve their potential for success. It was agreed that a resolution based on existing adopted general plan policies could be submitted with grant applications as an indication of City support if adopted by the City Council. The Urban Development Committee recommends adoption of the resolution. Item 8j. Resolutions approving Memorandums of Understanding for the employees of the Fire Supervisory Unit and employees of the Firefighters and Engineers Unit of the Fire Department for salaries and related benefits, and adopting salary schedule. These resolutions are the result of meetings with the Fire Unions regarding enhancement of their pension benefits to increase.from 2% at 50 to 3% at 50, and it adopts the Memorandums of Understandings and set the salaries and other related benefits for the employees of the Fire Unions. It is a three year agreement and proposes salary adjustments of 2% for July 2, 2001, 4% effective December 31, 2001, 1% effective December 30, 2002, 2% effective June 30, 2003, 2% effective December 29, 2003 and 2% effective July 5, 2004. Other key provisions include: 1) employer paid member contribution to PERS to be considered speciality pay and thus eligible to be use in retirement calculations, effective January 2003; 2) Stations 1 and 7 will be designated as heavy rescue stations; 3) individuals assigned to work a shift as a certified Hazardous Materials Specialist or Hazardous Materials Technician will have their premium pay increased from $10 per shift to $15 per shift; 4) residency requirement will be changed to 45 minutes from City limits; and 5) contract amendment to our PERS contract to enhance the pension benefit to 3% at 50 as soon as possible. Item 8k. Revised job specification, title change, reclassification and change to salary schedule in the Recreation and Parks Department. The Recreation and Parks Director has proposed a reorganization and would like to make three changes. First, replace the vacant Assistant Superintendent - Parks position with a Supervisor II. This will eliminate the two-tiered supervision of the division that has existed since the Director of Operations position was added. Second, reclassify the Park Maintainer II to Park Maintainer III. There is one remaining Park Maintainer II and the incumbent is pedorming Park Maintainer III duties. Third, retitle the Park Maintainer III HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page -4- classification to Park Services Coordinator. This new title more accurately reflects the responsibilities of this position. These changes can be made within the funds currently allocated in Recreation and Parks budget. The job specification, title change and reclassification were approved by the Miscellaneous Civil Service Board at its February 20th meeting. S.E.I.U. concurs with the proposed recommendations. Item 81. Revised Job Specification - Building Permit Technician. At the request of the Building Division, the job specification for Building Permit Technician was reviewed and updated prior to opening a recruitment for the two current vacancies. The changes reflect current terminology, assignments and minimum qualifications. The revised job specification was approved by the Miscellaneous Civil Service Board at their February 20th meeting. S.E.I.U. concurs with the proposed revision. There is no budgetary impact as the salaries remain the same. Item 8m. Amendment to resolution approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for FY 2000-01 to incorporate previous budget actions approved by the City Council. This is a technical cleanup item which incorporates previous Council actions by amending the FY 2000-01 Budget. Staff recommends referral to the Budget and Finance Committee. Agreements: Item 80. Consultant's Agreement with RBF Consulting for environmental analysis of the proposed interchange on SR178 at Fairfax Road in the amount of $119,090. Staff is preparing a Project Report for the proposed interchange on SR178 at Fairfax Road. A portion of that document covers the environmental studies and reports for the project. As the City does not have expertise currently on staff to conduct the environmental analysis necessary for this project, the City needs to hire a consultant. Staff recently conducted an environmental consultant selection process on another project that is comparable in scope to the current project. Therefore, to minimize administrative costs, staff recommends that an agreement with the consultant previously selected, RBF Consulting, be approved for this project. Item 8p. License agreement with Kern County Water Agency for constructing and maintaining six (6) recovery well turn-in structures and pipelines to the City-owned Kern River Canal located approximately 2.5 miles west of Buena Vista Road (Outside City Limits). The Kern County Water Agency (KCWA) is the owner of the land located north and south of the City-owned and operated Kern River Canal west of Buena Vista Road. The KCWA operates the properties and recovery groundwater wells as part of the Joint Water Banking Project and the Pioneer Project Banking facility. In order to transport groundwater pumped from these banking projects, KCWA desires to construct and maintain six new recovery well turn-in structures and pipelines from the wells to the Kern River Canal. KCWA will pay all costs to design, construct and maintain the pipeline crossings, which can only be used for groundwater recovery operations. KCWA will indemnify the City against any and all claims. This license agreement is non-exclusive and revocable by the City upon 30 days notice, at which time KCWA would be required to remove the turn-ins and pipelines and restore the premises. HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page -5- Item 8q. City Center Project. The City is contemplating issuing approximately $12 - $16 million of certificates of participation to finance the acquisition of land for and construction of a multi-use stadium. Bond counsel, disclosure counsel and special tax counsel expertise is needed and upon approval would be provided by the following agreements: Sam Sperry of Orrick, Herrington & Sutcliffe to act as bond counsel, preparing all the necessary document to facilitate the issuance of the bonds. The fee for this service will not exceed $27,500. Additionally, the law firm will receive up to $10,000 for expenses involved with the transaction. Sam Sperry has served as bond counsel on several assessment district bond issues, sewer revenue bonds, as well as the Centennial Garden certificates of participation. Bruce Graham of Cox, Castle & Nicholson to act as disclosure counsel, preparing the preliminary official statement and the official statement. The fee for this service will not to exceed $30,000. Additionally, the law firm will receive up to $5,000 for expenses involved with the transaction. Mr. Graham has served as disclosure counsel on many City bond transactions. David Caprera of Kutak Rock to act as special tax counsel, preparing special federal tax opinions. The fee for this service will not exceed $27,500. Mr. Caprera has advised the City on tax issues involving the Arena certificates of participation. All counsels' fees are contingent upon the issuance of the certificates of participation, so if the project does not proceed and certificates are not issued, no fees will be owed. There is one exception, Cox, Castle & Nicholson will be reimbursed for the expenses incurred whether or not the certificates are issued. Item 8r. Memorandum of Understanding between the City, County of Kern, Kern Council of Governments and Kern County Superintendent of Schools regarding creation of an Internet Portal. The City, County, Kern COG and Kern County Superintendent of Schools (the entities) have each created and maintained their own Internet sites containing information which is valuable to the public. The entities desire to create a system by which the public can access information from all entities from one location. This memorandum would create an executive committee with representatives from each of the entities. This MOU will have the effect of organizing the agencies in preparation for the formal bid process to select a vendor to develop and maintain the Government I nternet Portal. Once the results of the RFP are received and reviewed by the agencies, staff will return to the Council for their further review and approval. Item 8s. Approval of Amendment No. 1 to Agreement No. 00-167 for acquisition and development of Joshua McMorris Memorial Park. On June 28, 2000, the Council approved an agreement for the acquisition and development of Joshua McMorris Memorial Park. Since that time, staff has been working closely with the Rotary Club of Bakersfield East and A-C Electric Company to finalize details of the park. This amendment finalizes the draft included in the original agreement to specifically identify the facilities in the park and who will be responsible for their installation. The meetings have also resulted in the addition of a cul-de-sac at the end of Homaker Place adjacent to the park, which will allow public safety vehicles and maintenance vehicles and equipment access to the park. A-C Electric, the owner of the property, has generously agreed to donate the additional land for this cul-de-sac. Acceptance of such property requires the consent of the City Council. HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page -6- Item 8t. City Attorney Contract. This contract amendment implements changes to the City Attorney's contract in accordance with the annual evaluation of the City Attorney conducted on January 31, 2001 and February 14, 2001. This amendment includes a salary increase of 4% and an increase of $500 contributed by the employer to the City's deferred compensation plan retroactive to January 18, 2001. Item 8u. Contract Change Order No. 1 to Contract No. 00-227 with Farm Pump & Irrigation Co., Inc., $32,896.30, for Drilling, Casing, and Pump Testing two (2) gravel envelope water wells at Stations CBK 41 and L-208 for the Water Resources Department. On August 16, 2000, a contract was awarded in the amount of $371,180 for drilling, casing and pump testing of the domestic water deepwell facilities within a new housing tract located north of the Kern River, east of Jewetta Avenue, south of Brimhall Road and west of Verdugo Road and on a three acre parcel at the southwest corner of Coffee Road and Norris Avenue. This Contract Change Order for $32,896.30 is needed to provide for additional well construction work. This change brings the total contract to $404,076.30. Bids: Item 8v. Award bid for Opticom traffic signal equipment to Henberger Traffic Company in the amount of $81,789.73. Invitations to bid were sent to four vendors. Two bids were received; however, only one was received before the deadline and is considered acceptable. Staff recommends bid award to Henberger Traffic Company. Item 8w. Award annual contract for canal liner repair to Jim Alfter, Cement Contractor, not to exceed the budgeted amount of $52,400. This type of contract has been used by the Water Resources Department to repair concrete portions of the City's carrier and river canals for over ten years. This contract is for one year with an additional year renewal at the option of the City. Invitations to bid were sent to five vendors. One bid was received from the current contract holder, with no significant increase in unit prices. Staff recommends bid award to Jim Alfter Cement Contractor. Item 8x. Award bid for Light Emitting Diode traffic signal lamps to Western Pacific Signal in the amount of $582,469.48. Invitations to bid were sent to six bidders. Three bids were received. Staff recommends award to the Iow bidder, Western Pacific Signal in the amount of $582,469.48. Miscellaneous: Item 8y. Audit Reports. The Independent Auditor' Report on compliance with contractual requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2000 and the 1999-00 Transportation Development Act Funds Financial Statement were referred to the Budget and Finance Committee. The Committee reviewed and recommends acceptance of the audit reports. Item 8z. Audit Reports. The City has received two audit reports: 1) Independent Auditors Report, Single Audit Report, Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2000; and 2) Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2000. Staff recommends the audit reports be received and referred to the Budget and Finance Committee for review. HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page -7- HEARINGS Item 9a. Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). This resolution is a review of the funding for the Metropolitan Bakersfield Habitat Conservation Plan. Developers pay $1,240 per acre at grading plan approval stage to compensate for direct and indirect impact on endangered species habitat from urban development. The funds are used to purchase and manage replacement habitat. No fee increase is proposed because the City has been able to acquire land at very good prices as we have not yet purchased much specialty preserve property and urban conversion of natural lands has been minimal. As a result, increases in State charges can be absorbed while holding down the fee. Government Code provides for an annual update of the Capital Improvement Plan by the governing body of the local agency. The MBHCP and Implementation/Management Agreement describe the estimated costs of the program and indicate the extent and types of land to be acquired with the funding source and serve as the Capital Improvement Plan for the MBHCP. The Board of Supervisors conducted a public hearing on December 12, 2000 and approved a similar resolution. Staff is recommending adoption of the resolution. REPORTS Item 10a. City Center update and guidance to staff. Staff will provide a general update on the project. As we progress towards the major decisions on City Center, it is necessary to structure documents properly. In light of that, it would be beneficial to have City Council feedback on the following subjects: Public participation - Special Council Date: In response to a Council request, staff suggested several enhancements to the public participation process on City Center. One of these suggestions was for a special Council meeting with a one-purpose agenda - to take public comment on City Center. An off-Wednesday, March 21st, was put up as a possibility. Note: It is expected that the Agency and City Council will hold a joint public hearing on amending the Redevelopment Plan on March 14th, All that action will do is add a stadium to the plan - it does not bind the City to a stadium project. Approval of the DDA and financing documents come on March 28th - again after a public hearing. Any public sessions added need to be set before March 28th. Staff is well aware of the difficulties of scheduling a Special Council meeting. Alternates could include individual Council members who want to host an "open format" session at a location within their ward. Essentially, it would be a brief explanation of the project followed by public comment. In either case, whether it is the group or individually hosted meetings, staff needs direction from Council on what to set up. Riser heights and treads (leg room): At the Council meeting of February 14th, a question was raised about going to a larger than standard set of dimensions for leg room in the stadium. Since that question was raised, the architect has done some additional work. There is no problem or substantive cost to go to the wider seat and staff will simply plan on that. Increasing the tread width or the horizontal depth of the concrete element for the seats to add leg room would require dimensional changes to the entire stadium at an estimated cost of $150,000. HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page -8- Pertinent to this decision is that, unlike the arena, the stadium would not have upholstered padded seats and that would provide two inches more leg room than Centennial Garden. The pitch of the seats is also different from the Garden to provide more leg room in the stadium. Also, stadium seats are open on the back, whereas arena seats are solid. You can put your feet under the seat in front of you in a stadium - you cannot at an arena. We are attempting to get samples so the differences can be experienced. Staff believes that the two inches for unupholstered, the seating pitch and the open back make the "standard" section the right one. However, with a budget increase of $150,000, the larger tread and riser can be done should that be Council preference. Architectural Advisory Committee: Councilmember Benham suggested this at the regular meeting of February 14th. Since that time, staff has been in discussions with the developer and Councilmember Benham. Based on these discussions, staff recommends creation of the committee. Item 10b. Presentation by City Attorney Bart Thiltgen concerning Government Code Section 1090 and FPPC (Fair Political Practices Commission) Regulations - 2001 Update Information. City Attorney Bart Thiltgen will present update information regarding FPPC regulations and the applicability of Government Code. Item 10c. City Manager Report No. 2-01 regarding the Wastewater Division's proposed Revenue Program Guide. (Interim Public Works Director Jacques R. LaRochelle) Public Works staff will present to the Council a status report on the Revenue Program Guide and proposed rate changes for residential and commercial users. The City used a Iow-interest State Revolving Fund (SRF) loan to finance a portion of the recent Plant 2 Upgrade/Expansion project. The SRF loan contract between the City and the State Water Resources Control Board requires the City to prepare and adopt an updated Revenue Program to ensure all costs are distributed in proportion to each user's demand on the Treatment Plant. DEFERRED BUSINESS Item 11a. Ordinance amending the Bakersfield Municipal Code and Zoning Map from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 4.8 acres located adiacent on the east side of Stine Road, south of Hosking Avenue. The City Council conducted the first reading on February 14, 2001. Staff recommends adoption of the ordinance. Item 11b. Ordinance amending the Bakersfield Municipal Code and Zoning Map by changing the zoning from R-1 (One Family Dwelling) and R-3 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial), for property located between State Route 178, Bernard Street1 East Hills Mall and Mt. Vernon Avenue in northeast Bakersfield. The City Council conducted its hearing of the proposed zone change on February 14, 2001. In response to various issues, the Council approved a zone change to C-2 (Regional Commercial) on only that portion of the site designated for the Home Depot. The balance of the project area will only be developed by Planned Commercial Development and for that reason the zone change for the "balance" of the property was denied. This ordinance implements the Council's decision. Staff recommends adoption of the ordinance. HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page -9- Item 1 lc. Appropriate $30,000 in General Fund Balance to the Development Services Operating budget to conduct the Downtown Charrette. This item appropriates an additional $30,000 towards the Downtown Charrette. Vision 2020 has requested that the City contribute this amount to provide the funds necessary to conduct the Downtown Charrette. Staff has had limited success in obtaining contributions toward this effort. The Urban Development Committee is recommending approval of the appropriation. The date to conduct the Charrette will be dependent on the Council's availability, as well as the Consultant's schedule. Staff would appreciate Council direction on an appropriate date. NEW BUSINESS Item 12a. Ordinance amending the Bakersfield Municipal Code by adding Annexation No. 414 to Ward 4, located along the north side of Brimhall Road between Jenkins Road and Allen Road. This ordinance amends the ward boundaries to include Annexation No. 414 area with an estimated population of two into the corresponding Council Ward 4. The site is located north of Brimhall Road between Jenkins Road and Allen Road and consists of approximately 94 acres of uninhabited land. The site is developed with one single-family residence and the property owner requested annexation to receive City services. The annexation was approved by Council on January 31, 2001. Staff recommends first reading of the ordinance. Item 12b. Resolution making findings and certifying that the Final EIR has been completed in compliance with CEQA, the State EIR Guidelines and the City of Bakersfield CEQA Implementation Procedures regarding the Gateway Shopping Center generally located between Highway 99, South H Street, the Arvin-Edison Canal and Berkshire Road alignment. On January 18, 2001, the Planning Commission adopted a resolution recommending the City Council certify the Final EIR for the Gateway Zone Change. The City, as lead agency, proposes that the Gateway Final EIR serve as the environmental document for the zone change request. The Gateway Final EIR consists of the Grand Canal EIR, the Initial Study prepared for the Gateway zone change. Staff recommends adoption of the resolution. Item 12c. Ordinance amending the Bakersfield Municipal Code and Zoning Map by changing the zoning of 64 acres located between SR 99, Arvin-Edison Canal, South H Street and Berkshire Road alignment from a PCD (Planned Commercial Development) Zone to a C-2 (Regional Commercial) Zone for the Gateway Shopping Center. Paul Owhadi of Sierra Pacific Development, the applicant and property owner, has requested to change the zoning on the 64 acre site, known as the "Grand Canal Shopping Center" from a PCD (Planned Commercial Development) zone to a C-2 (Regional Commercial) zone. The proposed square footage is the same as approved for the Grand Canal project, consisting of 555,000 square feet of leasable space and 16,504 square feet for support facilities. The application states the Gateway shopping center development would be an outdoor shopping center consisting of anchor, specialty, other retail and restaurant uses. The movie theater, canal and amphitheater portion of the original Grand Canal project would be eliminated. The movie theater space would be converted to retail space. On February 1,2001, the Planning Commission adopted a resolution recommending the City Council approve the zone change for the Gateway Shopping Center. However, in addition to the mitigation measures of the Gateway Final EIR, the Planning Commission recommends other conditions of approval to address aesthetic, buffering, compatibility and noise concerns for this project. These HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page -10- conditions are similar to those placed on other commercial developments near residential areas. One condition requires the developer to submit plans for the architectural and landscape theme for the entire center for the Planning Commission's review and approval. This project review would occur at the time the first building plans are submitted for Site Plan Review. The applicant has agreed to comply with both the mitigation measures and conditions. Staff recommends first reading of the ordinance. AT.JWS:jp cc: Department Heads City Clerk's Office News Media File S:~AG N_HIGH\0 Ifeb28.wpd February 23, 2001