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HomeMy WebLinkAbout08/21/2002 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF AUGUST 21, 2002 Council Chambers, City Hall, 1501 Truxtun Avenue Pre-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PREMEETING 1. ROLL CALL 2. WORKSHOP 3. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Subdivision (a) of Government Code Section 54956.9; Joanne Edna Mullins vs. City of Bakersfield, et al; Kern County Superior Court Case No. 242706-JES b. Public Employee Performance Evaluation - City Attorney Closed Session pursuant to Government Code Section 54957 REGULAR MEETING 1. INVOCATION by Pastor Mike Osthimer, Westbrook Chapel 2. PLEDGE OF ALLEGIANCE by Matt Clark, 5~h Grader at Discovery Elementary School 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by Mayor Hall and Bakersfield Redevelopment Agency Chairperson Mishoe of Certificates of Appreciation to Old Town Kern- Pioneer and Southeast Bakersfield Project Area Committee Members. 6. PUBLIC STATEMENTS 7. APPOINTMENTS a. Two appointments to the Citizens Community Services Advisor,./ Committee due to the resignations of Imcgean McGiil and Paul Cato. Staff recommends Council determination. 8. CONSENT CALENDAR (Ward 5) (Ward 7) (Ward 4) (Wards 1,2,3,4,6,7) Minutes: a. July 31, 2002 Council Meeting. Payments: Payments from July 19, to August 8, 2002 in the amount of $9,742,563.23; and Self Insurance payments from July 19, to August 8, 2002 in the amount of $383,626. Ordinances: First reading of an ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-18) of Title 17 of the Bakersfield Municipal Code by changing the zoning from R-2 (Limited Multiple Family) to R-1 (One Family Dwelling) on 3.24 acres located on the east side of Buena Vista Road, between White Lane and Campus Park Drive. (ZC 02-0529) Resolutions: Resolution of Intention No. I279 adding territory, Area 5-07 (Berkshire, Moonstone) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving public Works Director's Report. Resolution of Intention No. 1280 adding territory, Area 1-29 (Olive, Old Farm) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. Resolution confirming the approval by the Assistant City Manager or his designee of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to Sections 34090 et seq. of the Government Code of the State of California (Finance Department). Resolution determining that certain new or used vehicles for public safety undercover work cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $350,700. 2 (Wards 2,3,4) (Ward 7) (Ward 4) 0Nard 1 ) (Ward 4) (Ward 5) CONSENT CALENDAR continued Resolution determining that the purchase of 200 Motorola Portable Radios cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $476,000. Resolution determining that bike path call boxes manufactured by Comarco Wireless Technologies cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $104,165 for 24 call boxes. Resolution authorizing correction to Contract No. 97-39 (Amendment No. 3) with Public Employees Retirement System (PERS). Agreements: I. Tract Maps/Improvement Agreements: Final Map and Improvement Agreements with Almond Tree Village for Tract 6092, Phase 1, located south of Berkshire Road, west of South Union Avenue. Final Map and Improvement Agreements with The Fairways @ Rivedakes L.P. for Tract 6050, Phase 1, located south of Norris Road, west of Coffee Road. Construction Agreement with TRANE Commercial Services Company, $393,301 for the design/build Rehabilitation of the Heating, Ventilating and Air Conditioning (HVAC) System at Bakersfield City Hall. Agreement with Castle & Cooke California, Inc., $50,000 to purchase real property in Tract 5882, Phase 3-A, located east of Allen Road, south of Brimhall Road for domestic water well site. Amendment No. 6 to Service Agreement No. 97-140 with Tiburon, Inc. not to exceed $81,860, for annual service of software. p. Kroll Way Bridge Construction: Contract Change Order No. 2 to Agreement No. 02-093 with Granite Construction Company, $16,412.30, total contract amount of $268,091.26 for the Kroll Way Bridge Construction at the Arvin- Edison Canal, west of Gosford Road. Appropriate $20,000 Transportation Development Fund balance to the Capital Improvement Budget. 3 8. CONSENT CALENDAR continued (Ward 3) q. Northeast Bike Path: Contract Change Order No. 4 to Agreement No. 00-244 with Guinn Construction Company, $17,030.24, total contract amount of $480,548.30 for the Northeast Bike Path. Appropriate $11,529 California Water Service Co. share of project cost to the Gas Tax Fund Capital Improvement Budget. Bids: (Wards 2,7) Accept bid to award Contract to Griffith Company, $1,054,250 for resurfacing South H Street from Panama Lane to Ming Avenue and 21st Street from Oak Street to F Street. Apprepdate $400,000 AB 2928 Allocation to the Gas Tax Fund Capital Improvement Budget, and appropriate $1,022,521 Surface Transportation Grant to the ISTEA Fund Capital Improvement Budget. Award annual contract to Safeway Sign Company, not to exceed $50,750 for traffic signs for the Public Works Department. (Ward 7) Accept bid to award contract to Griffith Company, $1,077,777 for Panama Lane and Stine Road resurfacing project. Appropriate $1,198,695 Surface Transportation Federal Grant to the ISTEA Fund Capital Improvement Budget and $7,000 Sewer Enterprise fund balance to the Capital Improvement Budget. (Ward4) Accept bid to award contract to A-C Electdc Company, $90,770 for traffic signal and lighting installations on Hageman Road and Verdugo Lane. Appropriate $26,500 Congestion Management Air Quality Federal Grant to the ISTEA Fund Capital Improvement Budget and $15,000 Transportation Development fund balance to the Capital Improvement Budget. Miscellaneous: (Ward 2) Appropriate $6,075 Off Street Parking fund balance to the Economic Development Operating Budget for the installation of awnings at the 18th and Eye Street Parking Structure. (Ward 4) Request by Pacific Gas & Electric for an easement on the west side of Rio Bravo Rosedale Water Storage District's Channel at the Cross Valley Canal to install underground electrical service. x. Approval of Senior Police Officer Position Reclassification. 4 CONSENT CALENDAR continued y. Authorization to send consent letter authorizing assignment of franchise to Time Warner Entertainment-Advance/Newhouse. Staff recommends adoption of Consent Calendar Items a. through y. 0Nard 4) 0Nard 4) (VVard 3) HEARINGS Staff comments will be given by Stan Grady, Planning Director, for each hearing item. Continued hearing regarding Concurrent General Plan Amendment/Zone Change P01-0916: The City Of Bakersfield has proposed a General Plan Amendment and an ordinance amendment for approximately five acres, located at the northwest corner of Jewetta Avenue and Brimhall Road. Denial of the zone change has been appealed by staff. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from SR (Surburban Residential) to OC (Office Commercial). Ordinance adopting the Negative Declaration and overturning the Planning Commission decision by amending Title 17 of the Bakersfield Municipal Code and Zoning Map 101-26 from RS-5A (Residential Suburban - five acres minimum) to C-O/PCD (Professional and Administrative Office Commercial/Planned Commercial Development) on five acres. Staff recommends continuance of the public hearing to September 4, 2002. Resolution upholding the decision of the Planning Commission approving Revised Vesting Tentative Tract Map 6018 and the Negative Declaration and denying the appeal by the Riverlakes Ranch Master Association. Staff recommends continuance of the public hearing to September 4, 2002. Continued hearing regarding an ordinance upholding the decision of the Planning Commission, adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No. 103-22) of Title 17 of the Bakersfield Municipal Code by changing the zoning from an R-3 (Limited Multiple Family Dwelling) Zone to a PCD (Planned Commercial Development) Zone on 7.5 acres, located on the southeast corner of Mount Vernon Avenue and State Highway 178, appealed by Rich/Matz Bakersfield LLC (File #02-0263) Staff recommends continuance of the appeal hearing to September 4, 2002. 5 (Ward 4) (Ward 4) HEARINGS continued d. Concurrent General Plan Amendment/Zone Change P01-1036: SmithTech/USA, Inc. has proposed a General Plan Amendment from LR (Low Density Residential) to OC (Office Commercial) and an ordinance amendment from R-l-CH (One-Family Dwelling-Church) to C-O (Professional and Administrative Office) for approximately 7.92 acres, located along the southwest corner of Calloway Drive and Noriega Road, appealed by the residents of the area. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LR to OC on 7.92 acres. First reading of an ordinance adopting the Negative Declaration upholding the Planning Commission's recommended C-O/PCD (Planned Commercial District) zone and amending Title 17 of the Bakersfield Municipal Code and Zoning Map 102-18 from R-l-CH to the Planning Commission recommended C-O/PCD on 7.92 acres. Staff recommends adoption of the resolution and first reading of the ordinance. e. Concurrent General Plan Amendment/Zone Change 02-0283: Careage Development Co., LLC (Glenwood Gardens) has proposed a General Plan Amendment from LR (Low Density Residential) to LMR (Low Medium Density Residential) and an ordinance amendment of its PUD (Planned Unit Development) on 20.30 acres at 350 Calloway Drive, located east of Calloway Drive, north of the Cross Valley Canal. The applicant appealed a condition of the zone change. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LR to LMR. First reading of an ordinance adopting the Negative Declaration, denying the applicant's appeal and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 102-31 from PUD to PUD. Staff recommends adoption of the resolution and first reading of the ordinance. (Ward 3) HEARINGS continued f. Concurrent General Plan Amendment/Zone Change No. 02-0218: Jim Trigueiro has proposed to amend the General Plan by changing the land use map designation from LMR (Low Medium Density Residential) to GC (General Commercial) on 2.3 acres of the 3.89 acre project site. The applicant is also proposing a zone change from R-1 (One Family Dwelling) 2.99 acres and C-2 (Regional Commercial) .9 acres to PCD (Planned Commercial Development) to develop a mini-storage facility on the site located west of Union Avenue, south of W. Columbus Street, at the western end of W. Jeffrey Street. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from LMR (Low Medium Density Residential) to GC (General Commercial) on 2.3 acres. First reading of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-19 from R-1 (2.99 acres) and C-2 (.9 acres) to PCD (Planned Commercial Development). Staff recommends adoption of the resolution and first reading of the ordinance. 7 (Ward 1) HEARINGS continued g. Concurrent General Plan AmendmentJZone Change No. 02-0291: Mclntosh and Associates has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land us map designation from HI (Heavy Industrial) to GC (General Commercial) on 19.59 acres, HI to LR (Low Density Residential) on 64.22 acres, and LI (Light Industrial) to LR on 16.06 acres. The applicant is also requesting to change the zoning from M-3 (Heavy Industrial) to C-2 (Regional Commercial) on 4.61 acres, M-2 (General Manufacturing) to C- 2 on 14.98 acres, M-3 to R-l/PUD (One Family Dwelling/Planned Unit Development) on 49.51 acres, M-2 to R-l/PUD on 14.71 acres, and M-1 (Light Manufacturing) to R-l/PUD on 16.06 acres located south of Highway 58, between Oswell Street and Sterling Road. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from HI (Heavy Industrial) to GC (General Commercial) on 19.59 acres, HI to LR (Low Density Residential) on 64.22 acres, and LI (Light Industrial) to LR on 16.06 acres. First reading of an ordinance adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 124-02 from M-3 (Heavy Industrial) to C-2 (Regional Commercial) on 4.61 acres, M-2 (General Manufacturing) to C-2 on 14.98 acres, M-3 to R-l/PUD (One Family Dwelling/Planned Unit Development) on 49.51 acres, M-2 to R-l/PUD on 14.71 acres, and M-1 (Light Manufacturing) to R- 1/PUD on 16.06 acres. Staff recommends adoption of the resolution and first reading of the ordinance. 9. HEARINGS continued (Ward 7) h. Concurrent General Plan Amendment/Zone Change P02-0290: Arredondo Ventures, Inc. has proposed a General Plan Amendment from LMR (Low Medium Density Residential) to OC (Office Commercial) with a zone change from R-2 (Limited Multiple-Family) to C-O (Professional and Administrative Office) on 2,67 acres, located along the east side of Wible Road approximately 400 feet south of Panama Lane. The requirement for a PCD and denial of the zone change has been appealed by the applicant. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LMR to OC. Resolution upholding the Planning Commission's disapproval of the requested C-O Zone and denying the appeal. Staff recommends adoption of the resolutions. 0Nard 4) Resolution upholding the Planning Commission's approval of Vesting Tentative Tract Map 6108 and the Negative Declaration, appealed by the residents of Froehlich Ranch, The Palms. Staff recommends adoption of the resolution. 0Nard 7) j. Concurrent General Plan Amendment/Zone Change P02-0316: Mark Costa has proposed a General Plan Amendment and an ordinance amendment for 4.12 acres, located along the north side of Ming Avenue to June Avenue, west of Anita Lane. The applicant appealed the condition to construct full street improvements along the frontage of the site. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designation from SR (Surburban Residential) to OC (Office Commercial). First reading of an ordinance granting the appeal, adopting the Negative Declaration and amending Title 17 of the Bakersfield Municipal Code and Zoning Map 123-01 from RS (Residential Suburban) to C-O/PCD (Professional and Administrative Office - Planned Commercial Development) zone. Staff recommends adoption of the resolution and first reading of the ordinance. 9 (Ward 1 ) HEARINGS continued k. General Plan Amendment P01-1025: The City of Bakersfield has proposed an amendment to the Circulation Element of the General Plan by changing the designation of Brundage Lane between Oak Street and the intersection of Brundage Lane and Edison Highway from "arterial" to "collector". Resolution approving the Negative Declaration and adopting the Planning Commission recommended General Plan Amendment to change the Circulation Element designation of Brundage Lane between Wible Road/Oak Street and the intersection of Brundage Lane and Union Avenue from "arterial" to "collector". Staff recommends adoption of the resolution. 10. 11. (Ward 1) 12. REPORTS DEFERRED BUSINESS a. Resolution increasing hangar and tie-down fees for the Bakersfield Municipal Airport. Staff recommends adoption of the resolution. NEW BUSINESS a. Authorization to send letter to all City Clerk's in the State of California regarding the "in God We Trust" project in the City of Bakersfield. Staff recommends Council determination. 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:\Cou nci['~G EN DA~NewSkeleton.doc August 15, 2002 (11:33 AM) 10 B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINSOI~, ~SlSTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - AUGUST 21, 2002 COUNCIL MEETING August16,2002 PRE-MEETING There are two closed session items. The first is a conference with legal counsel regarding existing litigation and the second is the employee performance evaluation for the City Attorney. APPOINTMENTS There will be two appointments to the Citizens Community Services Advisory Committee. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. First readinq of an Ordinance chanqinq the zoninq on 3.24 acres on the east side of Buena Vista Road, between White Lane and Campus Park Drive. The land in question is being subdivided for the purpose of single family residential development. The zone change is being proposed at staff's request to provide uniform zoning throughout the subdivision and within the individual parcels. Resolutions: Item 8h. Resolution reaardina the purchase of new or used vehicles for Public safety undercover work. in the 2002-03 budget, 14 replacement and 3 additional new or used vehicles were approved for use by the Police Department for undercover work. In dispensing with the normal bidding process, the City is able to negotiate directly with the various vendors traditionally used in the pumhase of these vehicles. This allows for obtaining the best price available on the open market, as well as maintaining the HONORABLE MAYOR AND CITY COUNCIL AUGUST 16, 2002 PAGE 2 confidentiality necessary in purchasing vehicles for use in undercover work. Staff recommends the Finance Director be authorized to negotiate a price not to exceed $350,700. Item 8i. Resolution reaardina the ourchase of 200 oortable radios for the Police Department. The 280 existing radios have passed their life expectancy and parts are no longer available. The 2002-03 budget includes $476,000 to replace one-half (140) of them, but staff was able to negotiate a discount allowing 200 to be purchased at this same price. Item si. Resolution reqardinq the purchase of bike Dath call boxes in an amount not to exceed $104.165. Of the 24 call boxes needed, 9 that are to be placed on the southwest portion will be paid for by the Water Resources Department using Prop. 12 funds. Three that will be installed on the northeast portion will be paid for with Gas Tax Funds, and the remaining 12, which will replace existing call boxes, are budgeted in the FY 2002-03 CIP. Comarco Wireless Technologies is the only manufacturer of call boxes in the United States, therefore staff recommends dispensing with the usual bidding procedures for this product. Item 8k. Amendment to Contract with PERS. Subsequent to the adoption of the PERS amendment on June 12, 2002, legislators modified their proposal to state that the new formula of 3% at 60 would be applicable to only those local miscellaneous employees in employment on or after the amendment effective date. This action simply brings us into conformance with State law. Aqreements: Item 8m. Construction Aqreement with TRANE Commercial Service Comoanv ($393.301.00). for the desiqn/build rehabilitation of the heatinq, ventilatinq and air conditioninq (HVAC) system at City Hall in the amount of $393,301. The existing HVAC system for City Hall is 47 years old and has been renovated several times. The mechanical systems do not provide the employees with adequate heating and air conditioning. On May 22, 2001, the City received a technical report from Bechard Long & Associates, a consulting engineering firm retained by the City, which recommended improvements to enhance temperature control and reduce energy usage, for an estimated cost of $378,100. The scope of work consists of replacing three air handling units and the boiler in the main building of City Hall, and replacing the chiller in the Annex building. Item 8n. Aqreement with Castle & Cooke California, Inc. to ourchase real property for a domestic water well site. The purchase of the site is to provide domestic drinking water for homes being constructed in the area. Castle & Cooke will be responsible for all off-site improvements. The 3urchase price of $50,000 is consistent with sales of comparable properties in the area. Item 8p. Kroll Way Bridae Construction. Due to field conditions encountered during construction, several items of the contract had to be either increased or decreased. These changes are listed in Change Order No. 2 for this contract, in the amount of $16,412.30. Staff also recommends appropriation of $20,000 of Transportation Development Fund balance to the Capital Improvement Budget to cover incidental costs, including staff time. Item 8q. Northeast Bike Path. Cai Water has been constructing facilities for the Northeast Water Treatment Plan, which is adjacent to the Bike Path project. Delays on their part have led to the delay of work by the Bike Path contractor. During this delay, the price of oil and trucking increased. These additional costs are detailed in Contract Change Order No. 4 in the amount of $17,030.24. HONORABLE MAYOR AND CITY COUNCIL AUGUST 16, 2002 PAGE 3 Bids: Item 8r. Resurfacinq of South H Street from Panama Lane to Minq Avenue, and' 21st Street from Oak Street to F Street. Three acceptable bids were received. Staff recommends award of contract to Griffith Company in the amount of $1,054,250. Item 8s. Traffic Siqns. Eight acceptable bids were received. Staff recommends award of contract to Safeway Sign Company in an amount not to exceed $50,750. Funds are available in the Gas Tax Fund. Item 8t. Resurfacinq of Panama Lane and Stine Road. This project consists of resurfacing Panama Lane from Summerfield Drive to State Route 99, and Stine Road from Maybrook Avenue to Harris Road. Three acceptable bids were received. Staff recommends award of contract to Griffith Company in the amount of $1,077,777. Staff recommends that additional funds be allocated for possible contract change orders, inspection services and materials testing services. Staff recommends appropriation of $1,198,695 from the Surface Transportation Federal Grant to the ISTEA Fund CIP Budget, and $7,000 Sewer Enterprise Fund balance to the CIP Budget. Item 8u. Traffic Siqnal and Liqhtinq Installations on Haqeman Road and Verduqo Lane. This project is budgeted within the current fiscal year; although additional appropriations are required to fully award the contract ($26,500 Congestion Management Air Quality Federal Grant to the ISTEA Fund CIP Budget, and $15,000 Transportation Development Fund balance to the CIP Budget). Federal funds will cover 88.53% of costs, with the remainder coming from the Transportation Development Fund. Two acceptable bids were received. Staff recommends award of contract to A-C Electric Company in the amount of $90,770. Miscellaneous: Item 8v. Installation of Awninqs at the 18th And Eye Street Parkinq Structure. This project will promote the availability of public parking by installing awnings with "Public Parking" over the entrances and exits of the Parking Structure. Staff received a bid from Specialty Trim and Awning in the amount of $6,075, including installation. Staff recommends appropriation of this amount from the Off Street Parking Fund balance to the Economic Development Operating Budget to fund the project. Item 8x. Senior Police Officer Position Reclassification. A Detective from the Investigations Division was transferred to the Support Services Division to assist with implementation of Records Management and Computer Aided Dispatch systems. The reclassification of one Senior Police Officer position to Detective will replace the transferred Detective position. The cost is about 7%, and will be funded through the existing budget. Item 8v. Assiqnment of Franchise to Time Warner Entertainment-Advance/Newhouse (TWEAN). Time Warner Entertainment and Advance/Newhouse have created a new entity, which is a subsidiary to the original company. TWEAN formally requested an assignment of the Bakersfield franchise to the new subsidiary. The assignment will have no adverse impact upon the franchise or service. The City Attorney requests approval to send a letter consenting to the merger. HEARINGS Item 9a. Continued hearina reaardinq Concurrent General Plan Amendment/Zone Chanqe for tho northwest corner of Jewetta Avenue and Brimhall Road. This item was continued from the May 22, 2002 and June 12, 2002 meetings in order for Councilmember Couch and staff to meet with surrounding HONORABLE MAYOR AND CITY COUNCIL AUGUST 16, 2002 PAGE 4 property owners to discuss the project and come to a decision on how to proceed. More time is needed, so another continuance to September 4th is proposed. Item 9b. Resolution upholdinq the decision of the Planninq Commission approvinq Revised Vestinq Tentative Tract MaD 6018 and the Neqative Declaration, and denyinq the appeal by the RiverLake.~ Ranch Master Association. The appellants indicate that they are agreeable to a continuance to September 4, 2002 in order to accommodate the schedules of each party's representatives. Item 9c. An Ordinance uoholdina the decision of the Planninq Commission reqardinq 7.5+ acres aenerallv located on the Southeast Corner of Mount Vernon Avenue and State Hiqhwa¥ 178. This item was continued from the June 26, 2002 and July 31, 2002, Council meetings at the request of the applicant to have more time to work out issues relating to road design. Councilmember Maggard also expressed concerns regarding traffic issues he wanted to address in the hearing. These included the number of lanes, sidewalks, bus stops and architectural style. The applicant informs staff that they are very close to resolving the circulation issues. However, no additional information had been submitted. This matter should be continued again to the September 4, 2002, meeting to allow time for sufficient evaluation of any updated proposals. Item 9d. General Plan Amendment for aoDroximatel¥ 7.92 acres, located alonq the southwest corner of Callowa¥ Drive and Norieqa Road, appealed by the residents of the area. The Planning Commission conducted public hearings on this item on June 20, 2002. One person spoke in opposition to the proposal. At the hearing, the Planning Commission required mitigation including, directing parking lot lighting away from residences, restricting building height to two stories and compliance with building overlook codes, and traffic conditions recommended by the city traffic engineer. They also required a combined C-O/PCD zone which would permit the Commission to further address the various concerns at subsequent noticed public hearings. The PCD combining zone would permit the development of any use allowed in the C-O zone. Area residents appealed the Planning Commissions decision requesting that the matter be returned to the Planning Commission for further consideration. They also stated that many of the homeowners recently moved into their homes and were not noticed of the change and assurances were given by the builders that the subject site would only be used for a church or park. Because of the requirement that staff use the last equalized tax roll information to notice the hearing and because it is a developing residential area, some newer residents may not have received a hearing notice. Staff recommends upholding the Planning Commission's decision. Item 9e. General Plan Amendment for 20.30 acres at 350 Callowav Drive. located east of Callowav Drive. north of the Cross Valley Canal. Careage Development Co. proposed 14 additional dwelling units to an existing development on Calloway Drive called Glenwood Gardens. The Commission and staff supported the request as a minor change to an existing medical/residential facility. The Planning Commission conducted public hearing(s) and no significant issues were raised by the public or any affected public agency. The applicant agreed to all conditions and mitigation for the project except for the public works condition which would require Carage Development to be financially responsible to abandon an existing golf cart tunnel crossing under Calloway Drive pursuant to the encroachment permit for the tunnel. Originally, the tunnel was for the purpose of providing residents of Glenwood Gardens with access to the golf course proposed by Castle & Cooke to be located west of Calloway Drive, which is no longer planned for development. Subsequent to the Planning Commission's approval with the condition, Castle & Cooke agreed to help Glenwood Gardens by supplying about one half of the fill required to abandon the tunnel at no cost. Careage Development can post a bond to do the work at a later time as the condition of approval already permits. Staff has discussed this proposed arrangement to satisfy the public works requirement with the applicant and they are in agreement. Staff recommends approval of the General Plan Amendment and zone change and denial of the appeal. HONORABLE MAYOR AND CITY COUNCIL AUGUST 16, 2002 PAGE 5 Item 9f. General Plan Amendment and Zone Chanqe for a site located west of Union Avenue and south of W. Columbus Street, at the western end of W. Jeffrey Street. The project is proposing a mini-storage facility that would provide 195 storage units, 29 RV parking spaces, one office building, and one on-site residential dwelling unit. The project site is a long narrow and irregular shaped parcel that would be difficult to develop under the current LMR and R-1 designations. The proposed mini-storage facility may be one of the more practical uses for the site. The Planning Commission received two letters in opposition to the proposal from adjacent property owners. They were concerned that the proposal would create access problems, impact the existing view, invite criminal activity, and reduce their property values. Staff determined that the proposal would not impact the adjacent properties, as indicated, based on the proposed site plan, landscaping plan, conditions of approval, and the development of property that would otherwise be vacant and unused. The Planning Commission required that no pylon signs be permitted on the project site and that the proposed monument sign at the entrance should meet all sign ordinance requirements. The applicant will also need to obtain permanent access across a portion of West Jeffrey Street that is located just west of Union Avenue and obtain a permanent secondary emergency access point for the project site. The hours of operation will be restricted and all light poles will be limited to a height of 7'6" and shielded so lighting is confined to the site. No structure on the project site will exceed a height of one story. No auctions or any type of property sales will be permitted on the project site. Staff recommends approval. Item 9q. General Plan Amendment and Zone Chanqe on a site located adiacent on the south side of Hiqhwa¥ 58, between Oswell Street and Sterlinq Road. The applicant is proposing a 19.59 acre regional Commercial site and an 80.29 acre Single Family Residential-Planned Unit Development site on the 99.87 acre project site. Presently, the project site is designated for industrial uses. A portion of the project site (72 acres) is currently under Kern County jurisdiction. Correspondence requesting annexation has been presented to the City and the annexation application has been submitted to LAFCO. The requirement for a masonry sound wall has been incorporated into the project to mitigate noise impacts from Highway 58. Mitigation measures for traffic impacts have been incorporated as well. The Planning Commission received a petition and 12 letters from adjacent property owners to the east indicating opposition to the proposal. These property owners are concerned that the project will reduce their property values, increase population, crime, and traffic in the area, impact wildlife, create land use conflicts with existing animals, and reduce the rural atmosphere of the area. Staff has determined the proposal would not impact the property owners to the east, as indicated, based on the land use change from industrial to planned residential development, improved circulation, and the requirement for block walls to prevent double frontage lots along Collectors. Staff recommends approval. Item 9h. General Plan Amendment and Zone Chanqe on 2.67 acres, located alona the east side of Wible Road approximately 400 feet south of Panama Lane. The Planning Commission denied thc request for office commercial and added a condition to the general plan amendment that the site be developed with a PCD, which has been appealed by the applicant. This permits review of any development proposal by the Commission and Council at a public hearing. The basis of the appeal is that the Commission was misled by statements made by the agent of the property owner along the west side of Wible Road, Mike Callagy of Corner Stone Engineering. He requested that a three-year restriction on the construction of restaurants and eating places be a condition of approval. Mr. Callagy was concerned that this project might jeopardize a restaurant proposal across Wible Road on property zoned C-2. C-O zones permit the construction of restaurants by CUP. The City Council previously placed this same restriction on Mr. Callagy's client when the Council approved their General Plan Amendment and zone change along the southwest corner of Wible Road and Panama Lane. Staff recommends upholding the decision of the Planning Commission. HONORABLE MAYOR AND CITY COUNCIL AUGUST 16, 2002 PAGE 6 Item 9i. Resolution upholdina the Plannina Commission's approval of Vestinq Tentative Tract Map 610R and the Neaative Declaration. appealed by the residents of Fr0ehlich Ranch, The Palms. On July 18, 2002, the Planning Commission approved Vesting Tentative Tract Map 6108, subject to conditions of approval. The project consists of 23 lots on 9.09 acres for purposes of multiple family development, zoned R-2 (Limited Multiple Family Dwelling). The residents of Froehlich Ranch - The Palms have filed an appeal contending that the subdivision: 1) Will lead to additional problems with parking, traffic congestion, noise, nuisance and public safety; and 2) The subdivision should have been zoned R-2/PUD (Limited Multiple Family Dwelling- Planned Unit Development) upon annexation into the City where its zoning had been R-2/PD (Medium- Density Residential - Precise Development) in the County. Staff is recommending the Council affirm the decision of the Planning Commission, and deny the appeal. During the public hearing area residents expressed concerns as noted above and it seemed that the issues raised at the Planning Commission had been resolved except for the pedestrian access. In support of the appeal the appellants state that a pedestrian access gate between the two subdivisions will lead to additional problems with parking, traffic congestion, noise, nuisance and public safety. They are concerned that apartment residents and their guests will park on Dove Creek or Majesty Palm and use the pedestrian access to units at the southern end of the development. A letter was received from Rosedale School District which said that access to the bus stop at Majesty Palm and Monarch Palm that would not require children to be exposed to Allen Road would be safer. The Planning Commission reacted to this information by requiring pedestrian access directly between the two local streets. The accuracy of the information in the letter was questioned, so staff contacted the school district's Superintendent who confirmed the information stated in the letter. Staff's position is that no substantial evidence has been submitted to support the position that approval of this subdivision would create additional problems with parking, traffic congestion, noise, nuisance and public safety. City parking ordinances will require on-site parking to accommodate the parking generated by the proposed multi-family residential units. Overflow parking for the multi-family residential units is permitted on the street within this proposal. There is no evidence that residents or visitors of this subdivision would park on Dove Creek Drive and use the pedestrian access to walk to their destination within the proposed subdivision. Dove Creek and Majesty Palm are county roads. Residents would have to contact the county if they wished to limit parking on those streets. The appellant's also contend that the zoning of the site should have been zoned to R-2/PUD for annexation into the City. The site was pre-zoned R-2 on January 28, 1998. As a vested map this zoning is preserved for the map based on conditions that existed at the time it was accepted as a complete application. Item 9j. General Plan Amendment and an ordinance amendment for 4,12 acres, located alone the north side of Minq Avenue to June Avenue, west of Anita Lane. This general plan amendment and zone change would permit the conversion of the existing single family homes to office commercial uses. The Planning Commission recommended that the conversion be done in a manner to maintain the character of the residential neighborhood. The homes which may be converted to commercial or office uses shall remain single story and architecturally compatible with the look and character of the neighborhood. The Planning Commission conducted public hearings and no significant issues were raised by the public or any affected public agency. The applicant had agreed to all conditions and mitigation for the project except for the construction of full street improvements to City standards for the frontage of the project site. The applicant's position was that in negotiating annexation of this area an understanding had been reached that the property owners would dedicate the right-of-way for Ming Avenue and the City would make the necessary improvements to complete Ming Avenue in this area. Staff and the applicant have met and agreed that in exchange for dedication of the right-of-way by the property owners the city would do the street widening of Ming Avenue. Therefore, staff recommends granting the appeal. Approving a HONORABLE MAYOR AND CITY COUNCIL AUGUST 16, 2002 PAGE ? CO/PCD zone district achieves the intent of both the applicant and the Planning Commission, while providing a forum for the neighborhood to discuss the conversion of the site, when appropriate. Item 9k. General Plan Amendment to chanqe the desiqnation of Brundaqe Lane between Oak Street and the intersection of Brundaae Lane and Edison Hiahwa¥ from "arterial" to "collector". The city Public Works Department proposed this amendment to the Circulation Element changing Brundage Lane from "arterial" to "collector" status. This would require the maximum right-of-way width of 90 feet rather than the maximum 110 foot right-of-way required for an "arterial" street. Right-of-way along the length of Brundage lane is not uniform. Between Oak Street and Union Avenue, the right-of way is approximately 90 feet wide. East of Union Avenue the right-of-way ranges between approximately 90 and 110 feet. The traffic model for Metro Bakersfield indicates that Brundage Lane as a collector could carry anticipated traffic to the year 2010. A down class of Brundage Lane would allow future development to occur without additional dedication and widening of the road. Planning Commission public hearing(s) were conducted on April 4 and 18, May 16 and June 6, 2002, and a modified amendment to the General Plan was recommended for City Council approval on June 6, 2002. Considerable debate occurred during the three public hearings on this item. Many members of the public supported a change in the designation thinking there would be less traffic if Brundage Lane were to become a collector. A considerable amount of Brundage Lane is outside the city and county staff does not support the change from arterial to collector. The Commission concluded that only the portion of Brundage Lane between Oak Street and Union Avenue should be amended to collector status. DEFERRED BUSINESS Item 1 la. Resolution increasinq hanqar and tie-down fees for the Bakersfield Municioal airport. The last rate increase for the Airport was done 10 years ago. These rates are consistent with rates charged at nearby airports. Informational notices were mailed to current lessees at the Airport notifying them of the proposed increase and hearing date. Only one of the proposed fee increases were higher than what is charged at Meadows Field. The rate for Port-a-Port (owner hangar) is now recommended to be $50, not the $60 as previously proposed in order to keep all rates equal to or less than those at Meadows Field. NEW BUSINESS Item 12a. AUthorization to send letter to all City Clerk's in the State of California re(3ardin(3 the "In God We Trust" proiect. Councilmember Sullivan requested that this item be placed on the agenda for consideration. She would like staff to send a letter, signed by the full Council, to each City Clerk in the State regarding the City's placement of "In God We Trust" in the Chambers. The letter will encourage each Clerk to follow Bakersfield's example. The estimated cost is $400. AT:JWS:al cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT IMEETING DATE: August 21,2002 IAGENDA SECTION: Closed Session ITEM: 3.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 7, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Conference with Legal Counsel -- Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 Joanne Edna Mu//ins v. City of Bakersfield, et ak Kern County Superior Court Case No. 242706-JES RECOMMENDATION: BACKGROUND: BJT:las AU21CA1.CS August 7, 2002, 10:54am ADMINISTRATIVE REPORT MEETING DATE: August 21,2002 AGENDA SECTION: Closed Session ITEM: :3.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney June 13, 2002 APPROVED DEPARTMENTHEAD CITY A'I'rORNEY CITY MANAGER Public Employee Performance Evaluation -- City Attorney Closed session pursuant to Government Code section 54957 RECOMMENDATION: BACKGROUND: BJT:las August 7, 2002, 10:56am ADMINISTRATIVE REPORT MEETING DATE: August 21,2002 AGENDA SECTION: Presentations ITEM: 5.a TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director August 7, 2002 DEPARTMENT HEAD ~ ClTY ATTORNEY CITY MANAGER Presentation by Mayor Hall and Bakersfield Redevelopment Agency Chairperson Mishoe of Certificates of Appreciation to Old Town Kern-Pioneer and Southeast Bakersfield Project Area Committee Members. RECOMMENDATION: BACKGROUND: S:'~,dmins\City Council\CITY COUNCIL ADMINISTRATIVE REPORT.doc 8/7/2002 9:08 AM ADMINISTRATIVE REPORT IMEETING DATE: August 21,2002 AGENDA SECTION: Appointments ITEM: 7.a. TO: FROM: DATE: Honorable Mayor and City Cou,,~ Pamela A. McCarthy, City Cie k~ August 1,2002 APPROVED DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Two (2) appointments to the Citizens Community Services Advisory Committee due to the resignations of Imogean McGill and Paul Cato. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Two appointments to the Citizens Community Services Advisory Committee due to the resignations of Imogean McGill (Ward 1) and Paul Cato (Ward 3). The terms for both positions expire November, 2002. Applications to fill the vacancies have been received from the following individuals: · Harry Oliver Starkey · Marque Rudolph Stansberry The Citizens' Community Services Advisory Committee represents various community groups and interests for the purpose of advising the City Council as to policies for the convention center, city parks and city recreation services. It is composed of seven (7) members, nominated by a Councilmember of each ward. However, it is not necessary for councilmembers to nominate a resident from his/her ward. Committee members must be residents of the City throughout their term. Meetings are held the second Tuesday of each month at 12:00 noon, in the Recreation and Parks Department Conference Room, 4101 Truxtun Avenue ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: Honorable Mayor and City Council Pam McCarthy, City Clerk August 1, 2002 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Minutes of the Council meeting of July 31, 2002 for approval. APPROVED RECOMMENDATION: BACKGROUND: bz S.'~Council~admins~2002V~UG2102.doc ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.bo TO: FROM: DATE Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 9, 2002 APPROVED DE,ARTME.T.EAD, ,- CITY ATTORNEY ClTYMANAGER(~L,~ SUBJECT: Approval of department payments from July 19, 2002 to August 8, 2002 in the amount of $9,742,563.23 and self insurance payments from July 19, 2002 to August 8, 2002 in the amount of $383,626.00. RECOMMENDATION: Staff recommends approval of payments totaling $10,126,189.23. BACKGROUND: S:\KIMG\FORMS & LABLES\ADMIN ~ AP.DOC Idg ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Consent ITEM: 8.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 6, 2002 APPROVED DEPARTMENT HEAD/'~, c,,Y CITY MANAGER ~ An Ordinance adopting a Negative Declaration and amending Section 17.06.020 (Zone Map No.123-18) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from R-2 (Limited Multiple Family) to R-1 (One Family Dwelling) on 3.24 acres generally located on the east side of Buena Vista Road, between White Lane and Campus Park Drive. (ZC 02-0529) (Ward 5) RECOMMENDATION: Staffrecommendsfirstreadingoftheordinance. BACKGROUND: On August 1,2002, the Planning Commission adopted Resolution No. 87-02 recommending adoption of the ordinance approving Zone Change No. 02-0529. Cornerstone Engineering, representing Ben and Boots Fitzgerald (property owner), has applied to change the zoning on 3.24 acres from Limited Multiple Family Dwelling (R-2) to One Family Dwelling (R-l). The land subject to the proposed zone change is being subdivided concurrently with Vesting Tentative Tract Map No. 6116 for the purpose of single family residential development. The configuration of the subdivision proposed on the subject land would create parcels that have split zoning of R-1 and R-2. The subject zone change is being proposed at staff's request to provide uniform zoning throughout the proposed subdivision and within the individual parcels. The zone change requirement has been placed as a condition of approval on Tract 6116. The R-2 zoning would currently allow 54 multiple family dwellings to be constructed in the 3.24 acre project area. Tentative Tract 6116 is proposing 15 single family units on the portion of the subdivision which is currently zoned R-2. No one spoke in opposition to this proposal. Based on an initial study, staff has determined the proposed project will not significantly affect the physical environment. A Negative Declaration was prepared and noticed. LP (admin\aug\8-21-0529) August 12, 2002, 3:51pm ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 2, 2002 DEPARTMENT HEAD /~'~' CITY ATTORNEY~ CITY MANAGER ~ Resolution of Intention No. 1279 to add territory, Area 5-07 (Berkshire, Moonstone) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 7) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 6092, to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Staff recommends the addition of territory, Area 5-07 (Berkshire, Moonstone), to the Consolidated Maintenance District. Area 5-07 is generally bounded by Berkshire Road on the north, a line 690 feet west of Union Avenue on the east, a line 1/4 mile south of Berkshire Road on the south and a line 660 feet east of Monitor Street 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 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. Ivd August 8, 2002, 9:48AM G:\G ROUPDAT~DMIN RPT~2002~Aug 21\MD5-07d02.wpd ADMINISTRATIVE REPORT IMEETING DATE: August 21, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.eo APPROVED TO: Honorable Mayor and City Council DEPARTMENT HEAD FROM: Raul M. Rojas, Public Works Director CITY ATTORNEY August 7, 2002 CITY MANAGER DATE: SUBJECT: Resolution of Intention No. 1280 to add territory, Area 1-29 (Olive, Old Farm) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving the Public Works Director's Report. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tracts Nos. 5829 Unit 4, 5831 Unit 4 and 5968, 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 public median and street landscaping. Staff recommends the addition of territory, Area 1-29 (Olive, Old Farm), to the Consolidated Maintenance District. Area 1-29 is generally bounded by Snow Road on the north, Jewetta Avenue on the east, a line ¼ mile south of Olive Drive on the south and a line ¼ mile west of Old Farm on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate street tier level when street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received letters from the owners of the property described above which waive the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process, to satisfy the subdivision requirements. The owners also have submitted proposition 218 ballots indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. Lvd,08/08/2002 11:11 AM G:\G ROU PDAT~ADMI N RPT~2002~Aug 21tMD1-29Roi.doc ADMINISTRATIVE REPORT MEETING DATE: August 21,2002 AGENDA SECTION: Consent ITEM: 8.f. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Building August 5, 2002 DEPARTMENT HE~~__~_~ ~ CITY ATrORNE~~ CITY MANAGER A Resolution of the Council of the City of Bakersfield confirming the approval by the Assistant City Manager or his designee of the report of the Chief Code Enforcement Officer regarding assessments of certain properties in the City of Bakersfield for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. (Wards 1,2, 3, 4, 6 & 7) RECOMMENDATION: Adopt the Resolution. BACKGROUND: Assessment hearing was held on August 12, 2002, by the Alan Christensen and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: PROPERTY LOCATION APN COST Ward 1/Councilmember Carson 1. 6825 Betty Street 516-032-21 $ 244.00 2. 1004 Bradshaw Street 170-131-18 $ 252.00 3. 217 S. Brown Street 019-192-12 $ 495.00 4. 825 Brundage Lane 011-050-16 $ 243.00 5. 3711 Garnsey Lane 020-160-18 $ 739.00 6. 3320 Madison Avenue 172-121-26 $ 294.00 7. North of 3320 Madison Avenue 172-121-27 $ 619.00 8. 3416 Madison Avenue 172-121-21 $ 319.00 9. 1400 Ming Avenue 011-402-08 $ 219.00 10. 1215 4th Street 010-200-07 $ 519.00 Ward 2/Councilmember Benham 11. 1700 Baker Street 12. 1008 California Avenue 13. 133 Chester Avenue 013-120-11 $ 254.00 006-521-07 $ 240.00 010-300-08 $ 695.00 ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 2/Councilmember Benham 14. 201 Eye Street 15. West of 516 Golden State Highway 16. 1029 13th Street 17. 708 30t~ Street 010-280-13 $ 240.00 005-020-02 $ 427.00 006-521-01 $ 739.00 002-081-18 $ 264.00 Ward 3/Councilmember Maa(~ard 18. 3760 Bernard Street 19. 3200 La Costa Street 130-161-27 $ 243.00 146-282-05 $ 243.00 Ward 4/Councilmember Couch 20. 9903MarbyGrangeWay 500-124-01 $ 389.00 Ward6/Councllmember Sullivan 21. 4001MingAvenue 22. 3905 Phaffie Avenue 23. 3601Wilson Road 440-011-04 $ 820.00 440-032-04 $ 252.00 441-370-03 $ 1,045.00 Ward 7/Councilmember Salvac~q!,, 24. 4612 Brunswick Street 171-161-08 $ 600.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. AU21B1.HRG August 12, 2002, 3:04PM ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.g. TO: FROM: DATE Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 23, 2002 APPROVED DEPARTMENT H E.~._ CITY ATTORNL~ ~ CITY MANAGER ~ SUBJECT: A Resolution of the City Council approving the destruction of certain obsolete City records, documents, instruments, books and papers, pursuant to the sections 34090 et seq. Of the government code of the State of Califomia- Finance Department. RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution authorizes the finance department to destroy obsolete records and reports that are more than five (5) years old and have been approved for destruction by the City Attomey's office. The records to be destroyed are listed on Exhibit A of the Resolution. S:\KIMG~FORMS & LABLES\ADMIN ~RECORDRETEN-DEST. DOC klg ADMINISTRATIVE REPORT MEETING DATE: August 21,2002 AGENDA SECTION: Consent Calendar ITEM: 8.h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 29, 2002 APPROVED DEPARTMENT HEAD CITY MANAGER Resolution determining that certain new or used vehicles for public safety undemover work cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $350,700.00 RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: In the 2002-2003 budget, seventeen (17) new or used vehicles were approved for the Police Department for undercover work. The exact type of vehicles purchased will be dependent upon the service requirements of the using Department. In dispensing with the normal bidding process, the City is able to negotiate directly with the various vendors traditionally used in the purchase of these vehicles. This allows for securing the best price available on the open market and maintaining the confidentiality necessary in purchasing vehicles for use in undercover work. Aisc, by purchasing the vehicles at this time of year, often new vehicles can be purchased at the same or lower costs of used vehicles and the City reaps the benefits of factory warranties on the vehicles and a longer use of the vehicles due to reduced mileage and wear and tear of a previous owner. The unique characteristics involved with the purchase of used vehicles makes it impractical to follow the formal bidding procedures, therefore, staff recommends the Council dispense with bidding requirements and authorize the Finance Director to negotiate a price not to exceed $350,700.00 for the purchase of seventeen (17) new or used vehicles, to be used for undercover work. DW:ljm [Purchasing Division] Last pdnted 8/1/2002 11:51 AM P:~ADMIN~2002 ADMIN\C02_0821_A_Vehicles.doc ADMINISTRATIVE REPORT MEETING DATE: August 21,2002 AGENDA SECTION: Consent Calendar ITEM: 8. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul Rojas, Public Works Director July 30, 2002 APPROVED DEPARTMENT HEAD ~ CITY ATI'ORNEY ClTY MANAGER Resolution determining that the purchase of 200 Motorola Portable Radios cannot be reasonably obtained through usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $476,000. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The existing 280 Police public safety portable two-way radios were purchased between 1988 and 1993 and were considered state of the art in the communications field of technology. The life expectancy of portable radios in the Public Safety patrol environment is eight years. Parts for maintaining the existing radios are no longer available and the reliability of the radios has seriously deteriorated. The Fiscal Year 02/03 budget includes $476,000 to replace half (or 140) of the Police public safety radios. Staff has negotiated a 27% discount with Motorola, allowing 200 radios to be replaced instead of the budgeted 140 radios. These radios need to work with the existing radio infrastructure and are available for pumhase only from the manufacturer, Motorola. August 1, 2002, 1:14pm G:\G ROU PDAT'tADMIN R PT'~2002\Aug 21\PDradios2002.wpd ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.,i. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director July 26, 2002 APPROVED DEPARTMENT HEAD ~ ClTY ATTORNEY ClTY MANAGER _ SUBJECT: Resolution determining that bike path call boxes manufactured by Comarco Wireless Technologies cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof; not to exceed $104,165 for 24 call boxes. (Wards 2,3,4) RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Existing call boxes along the Bike Path are manufactured by Comarco Wireless Technologies. These boxes utilize an analog system which is being phased out by the phone carrier, Verizon. In order to continue to provide emergency call service, new digital equipment is needed. Comarco is the only manufacturer of call boxes in the United States. In addition, 12 miles of new Bike Path have been constructed in the northeast and southwest. Both areas are in uninhabited regions and call boxes are needed for both areas. Nine new call boxes for the Southwest Bike Path will be paid by the City's Water Resources Department using Proposition 12 funds. Three new call boxes are to be installed along the Northeast Bike Path and will be funded by Transportation Development Act Article 3 Funds. Twelve call boxes are replacements for the existing analog call boxes and have been budgeted in the FY 2002-03 Capital Improvement Program. August 13, 2002, 12:50pm G:\GROUPDA'I~ADMINRPT~2002~Aug 21\SW Bike Path Call Boxes.wpd ADMINISTRATIVE REPORT IMEETING DATE: August 21, 2002 AGENDA SECTION: Consent ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council ~,~[~t~ APPROVED Carroll Hayden, Human Resources Manager DEPARTMENT HEAD August 6, 2002 CITY ATTORNEY CITY MANAGER Resolution authorizing correc.~ion to Contract No. 97-39 (Amendment No. 3) with Publi~ Employees Retirement SyStem (PERS). RECOMMENDATION: Staff recommends approval of the resolution correcting the amendment. BACKGROUND: The PERS contract amendment adopted June 12, 2002, providing the new benefit formula for miscellaneous employees to provide 3% at 60 full formula was written to indicate that the new formula was applicable to all local miscellaneous employees. This was done because legislation was being considered to make the new formulas applicable to all inactive and active employees who had not yet retired. That legislative proposal is no longer being considered and the new formula is applicable to only those local miscellaneous employees in employment on or after the amendment effective date. PERS is directing that this resolution be authorized to clarify that the contract is in accordance with the Government Code by indicating that the new formula applies only to the local miscellaneous employees employed by the City of Bakersfield on or after the amendment effective date. It does not change the effective date of the original amendment effective date of July 15, 2002. Approval of the resolution is recommended. ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.1. TO: FROM: DATE: SUBJECT: (1) (2) Honorable Mayor and City Council APPROVED Raul M. Rojas, Public Works Director August 1, 2002 Tract Maps/Improvement Agreements DEPARTMENT HEAD CITY ATTORNEY //"~/~ CITYMANAGER Final Map and Improvement Agreements with Almond Tree Village for Tract 6092 Phase 1 located south of Berkshire Road and west of South Union Avenue. (Ward 7) Final Map and Improvement Agreements with The Fairways @ Riverlakes L.P. for Tract 6050 Phase I located south of Norris Road and west of Coffee Road. (Ward 4) RECOMMENDATION: Staff recommends approval of the 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. PE: uts G:\GROUPDAT~ADMINRPT~2OO2~Aug 21\MAPS&IMPAGR.wpd August 1, 2002. 10:50am ADMINISTRATIVE REPORT MEETING DATE: August 21,2002 AGENDA SECTION: Consent Calendar ITEM:8~ ~. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 7, 2002 APPROVED DEPARTMENT HEAD /'~) - CITY ATI'ORNEY J~-" CITY MANAGER ~'~ SUBJECT: Construction Agreement with TRANE Commercial Service Company ($393,301), for the design/build Rehabilitation of the Heating, Ventilating and Air Conditioning (HVAC). System at Bakersfield City Hall (Ward 1) RECOMMENDATION:Staff recommends approval of Agreement. BACKGROUND: The existing HVAC system for City Hall is 47 years old and has been renovated several times since its original construction. This system is responsible for heating, ventilating and air conditioning City Hall. The mechanical systems have not been upgraded and do not provide the employees with adequate heating and air conditioning. On May 22, 2001 the City received a technical report from Bechard Long & Associates, a consulting engineering firm retained by the City. The resulting report recommended improvements to enhance temperature control and reduce energy usage, for an estimated cost of $378,100. On September 19, 2001, Resolution 146-01, dispensing with bidding and authorizing the Public Works Director to proceed with the design/build process, was approved by the City Council. In November of 2001, the City issued a Request for Proposals (RFP) to design/build the improvements noted in the report. No responses were obtained and on January 4, 2002, an RFP for these services was again issued. One proposal from TRANE Commercial Service Company was received on February 14, 2002. Their proposed fee for the work was more than double the amount of the engineer's estimate, and also the amount that had been budgeted for this work. Staff has been working with TRANE to modify the scope of work be consistent with the City's budget. The scope of work which has been agreed upon consists of replacing three air handling units and the boiler in the main building of City Hall, and replacing the chiller in the Annex building. The proposed agreement with TRANE Commercial Service Company, in the amount of $393,301, is for the modified scope of work. Staff will propose additional funds be budgeted in future fiscal years to continue with the rehabilitation of the City Hall HVAC system. 8/14/02crow G:\GROUPDA'r~ADMINRP'i52002~Aug 21~-IVAC rehabilitation,doc ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Consent Calendar TEM: 8.n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director July 24, 2002 APPROVED DEPARTMENT HEAD ~'~'/~ CITY ATTORN~Y~~ CITY MANAGER (~ Agreement with Castle & Cooke California, Inc. to purchase real property in tract 5882, phase 3-A located east of Allen Road, south of Brimhall Road for $50,000 for a domestic water well site. (Ward 4) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: The Water Resources Division is acquiring a water well site to provide domestic drinking water for homes currently being constructed in the area. The water well site contains approximately 10,069 square feet. The owner, Castle & Cooke California Inc. will be responsible for all off-site improvements as set out in the purchase agreement. The purchase price of $50,000 is based on an appraisal by Michael Launer, MAI an independent fee appraiser and is consistent with sales of comparable properties in the area. On June 6, 2002 the Planning Commission found the acquisition of this property consistent with the Metropolitan Bakersfield 2010 General Plan. July 24, 2002, 9:08am ADMINISTRATIVE MEETING DATE: August 21,2002 REPORT IAGENDASECTION: Consent Calendar ITEM: 8.p, TO: FROM: Honorable Mayor and City Council Bob Trammell, Management Information Services Director DATE: August 9, 2002 APPROVED SUBJECT: DEPARTMENT HEAD CITYATI'ORNEY~ CITY MANAGER Amendment No. 6 to Service Agreement with Tiburon, Inc. for not to exceed $81,860.00. RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: In 1997, the City pumhased police CAD (Computer Aided Dispatch) and records management software from Tiburon, Inc. The City subsequently entered into Agreement No. 97- 140 for annual service for the software. Annually, the City renews the service agreement. This amendment number 6 will continue the service agreement until June 30, 2003. The annual cost of the service agreement is $81,860.00. The agreement may be cancelled at any time with thirty days written notice. JS:js S:~BUDG E3~Bud2002-03~Agenda Items~Admin for Tiburon Agreement Ami 6.doc AU21MIS.CC ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas Public Works Director July 24, 2002 APPROVED DEPARTMENT HEAD ~/ CITY ATTORNE~~'~ CITY MANAGER ~ Kroll Way Bridge Construction (Ward 5): Contract Change Order No. 2 ($16,412.30, for a total contract amount of $268,091.26) to Agreement No. 02-093 with Granite Construction Company for the Kro~ll Way Bridge Construction at the Arvin-Edison Canal (west of Gosford Road). Appropriate $20,000 Transportation Development Fund balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation. BACKGROUND: Due to field conditions encountered during construction, several items of the contract had to be either increased or decreased. This "balancing" change order is a reflection of those changes. These changes include raising the bridge deck by 6 inches to avoid conflict with the concrete canal liner and extending the length of the concrete bridge piles to account for soil conditions discovered during the course of the project. The amount of the appropriation exceeds the contract change order by approximately $3,600. This amount is needed to cover incidental costs, including staff time. RM G:\G ROU PDAT~AD M~N R P3'~2002~Aug 21~D2-093 CCO 2 Kroll Way Bddge.wpd ADMINISTRATIVE REPORT IMEETING DATE: August 21, 2002 IAGENDA SECTION: Consent Calendar ITEM: 8.q. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas Public Works Director July 25, 2002 APPROVED DEPARTMENT HEAD ~'~'~ CiTY ATTORNEY~//~'~--/~ CITY MANAGER ~ Northeast Bike Path (Ward 3): Contract Change Order No. 4 ($17,030.24, for a total contract amount of $480,548.30) to Agreement No. 00-244 with Guinn Construction Company for the Northeast Bike Path. Appropriate $11,529 California Water Service Co. Share of Project Cost to the Gas Tax Fund Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of Contract Change Order and appropriation. BACKGROUND: Cai Water has been constructing facilities for their Northeast Water Treatment Plant adjacent to the City's Northeast Bike Path project. Cai Water's construction took much longer than they expected and resulted in delaying the work of the City's Bike Path contractor. During this delay, the price of oil and trucking increased resulting in increased costs to the Bike Path contractor. The needed price adjustment for the above mentioned items totals $11,528.92. Cai Water has agreed to reimburse the City for these cost increases. This Contract Change Order also provides for the repair of an area of pavement on Morning Drive at Patadino Drive. This paved area is adjacent to the new roadway on Paladino Drive and could become a hazard if allowed to further deteriorate. The contractor has agreed to reconstruct this paved area for the lump sum price of $5,501.32. RM ADMINISTRATIVE REPORT MEETING DATE August 21, 2002 AGENDA SECTION Consent Calendar ITEM 8o ~.. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas, Public Works Director August 9, 2001 APPROVED DEPARTMENT HEAD~ CITYATFORNEY CITY MANAGER Resurfacing South H Street from Panama Lane to Ming Avenue and 21=t Street from Oak Street to F Street (Wards 2,7): 1. Accept bid to award contract to Griffith Company, $1,054,250 for project. Appropriate $400,000 AB 2928 Allocation to the Gas Tax Fund Capital Improvement Budget; appropriate $1,022,521 Surface Transportation Grant to the ISTEA Fund Capital Improvement Budget. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract and approval of appropr!ations. BACKGROUND: This project consists of resurfacing South H Street from Panama Lane to Ming Avenue and 21st Street from Oak Street to "F" Street. The Engineer's Estimate for this project was $1,138,000. Three acceptable bids were received on August 6, 2002 as follows: Griffith Company 1898 So. Union Avenue Bakersfield, CA 93387 City In the amount of $1,054,250.00 Bowman Asphalt, Inc. 3527 Brian Way Bakersfield, CA 93308 City In the amount of $1,094,684.50 Granite Construction Company P. O. Box 50085 Watsonville, CA 95077 Out of town In the amount of $1,103,514.00 Funds allocated to this project exceed the bid amount and will be used for possible contract change orders, inspection services and materials testing services. 8/13/2002 3:52 PM G:\GROUPDAT~ADMINRPT~.002~Aug 21\Resulacing So. H & 21st Streels.doc BM ADMINISTRATIVE REPORT IMEETING DATE: August 21,2002 IAGENDA SECTION: Consent Calendar ITEM: 8. s. TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 1,2002 APPROVED DEPARTMENTHEAD CITY ATFORN E'~ ~, ,/~--~ CITY MANAGER SUBJECT: Award annual contract to Safeway Sign Company, not to exceed $50,750.00, for traffic signs for the Public Works Department. RECOMMENDATION: Staff recommends award of contract. BACKGROUND: The General Services division of Public Works maintains traffic signs within the City. Funds are available from the State Gas Tax Fund. Bids were received from eight (8) vendors and the unit prices were compared to determine the Iow bidder. DW:ljrn [Purchasing Division] Last pdnted 8/1/2002 11:48 AM P:~ADMIN~2002 ADMIN\C02_0821_B_AC-Traffic Signs.doc ADMINISTRATIVE REPORT MEETING DATE August 21,2002 IAGENDA SECTION Consent Calendar ITEM 8.t:o TO: Honorable Mayor and City Council APPROVED FROM: Raul M. Rojas, Public Works Director DEPARTMENT HEAD /~----~ DATE: August 12, 2001 CITY ATI'ORNEY CITY MANAGER SUBJECT: Resurfacing Panama Lane and Stine Road. (Ward 7): 1. Accept bid to award contract to Griffith Company, ($1,077,777) for project. Appropriate $1,198,695 Surface Transportation Federal Grant to the ISTEA Fund Capital Improvement Budget; and $7,000 Sewer Enterprise Fund balance to the Capital Improvement Budget. RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract and approval of appropriations. BACKGROUND: This Project consists of resudacing Panama Lane from Summerfield Ddve to State Route 99 and Stine Road from Maybrook Avenue to Harris Road. The Engineer's Estimate for this project was $1,352,594. Three acceptable bids were received on August 12, 2002 as follows: G riffith Company 1898 So. Union Avenue Bakersfield, CA 93387 City In the amount of $1,077,777.00 Granite Construction Company P. O. Box 50085 Watsonville, CA 95077 Out of town In the amount of $1,080,080.00 Bowman Asphalt, Inc. 3527 Brian Way Bakersfield, CA 93308 City In the amount of $1,149,201.45 Gas Tax Funds of $148,305 will also be needed for this project. This amount does not need to be appropriated since it is already budgeted. Funds allocated to this project exceed the bid amount and will be used for possible contract change orders, inspection services and materials testing services. 8/13/20021:46 PM G:\G RO~J P DAT~ADMIN RPT%~02~Aug 21 ~Resufacing panama & Stine.doc JH ADMINISTRATIVE REPORT IMEETING DATE: August 21,2002 AGENDA SECTION: Consent Calendar ITEM: 8.uo TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Raul M. Rojas Public Works Director August 13, 2002 DEPARTMENT HEAD~---ED CITY ATTORNEY ~'~----~'"' CITY MANAGER Traffic Signal and Lighting Installations on Hageman Road and Verdugo Lane (Ward 4): 1. Accept bid to award contract to A-C Electric Company; ($90,770). Appropriate $26,500 Congestion Managment Air Quality Federal Grant to the ISTEA Fund Capital Improvement Budget and $15,0Q0 Transportation Development Fund balance to the Capital Improvement Budget, RECOMMENDATION: Staff recommends acceptance of Iow bid, award of contract, and approval of appropriations. BACKGROUND: This project consists of installing traffic signal, lighting systems, and traffic signal interconnect synchronization on Hageman Road and Verdugo Lane. The project is budgeted within the current fiscal year; although additional appropriations are required to fully award this bid. Federal funds will cover 88.53% of costs), with the remainder coming from the Transportation Development Fund. On July 31,2002, two acceptable bids were received as follows: A-C Electric Company 315 30~ Street Bakersfield, CA 93301 (City) in the amount of $90,770.00 Loop Electric 1516 E. 19"' Street Bakersfield, CA 93305 (City) in the amount of $92,135.00 RM G:~GRO(JP DAT~ADMIN R p T~2~OZ~Aug 21\T1K024 Vedugo at Hageman. wpd Augu~ 13, 20~2, ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.v, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Donna L. Kunz, Economic Development Director August9,2002 DEPARTMENT HEAD ~["' CITY ATTORNEY ClTY MANAGER ~'~.~ Appropriate $6,075 Off Street Parking fund balance to the Economic Development Operating Budget for the installation of awnings at the 18th and Eye Street Parking Structure. 0Nard 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: The 18th and Eye Street structure is open for parking for local business patrons, monthly parkers as well as visitors to the city. In an effort to better promote the availability of public parking at the structure, staff is recommending that awnings be installed over the entrances and exits located on 18th Street and Eye Street respectively. The awnings will be a dark green in color and will be made of a long lasting "Sunbrella" fabric with "Public Parking" printed in white letters centered on each awning. Staff received a bid from Specialty Trim and Awning in the amount of $6,075, including installation. Recently, General Services painted the ground floor fencing a dark green color which will complement the awnings. These improvements are on-going maintenance efforts to the parking structure which was constructed in 1984. The facade improvements will also complement nearby Wall Street Alley improvements currently in progress. S:~,dmins~City Cou ncil~ParkingStruct ureAwnings.doc 8/9/2002 9:31 AM ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Consent Calendar ITEM: 8. w. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director August 9, 2002 APPROVED DEPARTMENT CITY MANAGER ~ Pacific Gas & Electric's request for an easement west side of Rio Bravo Rosedale Water Storage District's Channel at the Cross Valley Canal to install underground electrical service. (Ward 4) RECOMMENDATION: Staff recommends approval of easement. BACKGROUND: Pacific Gas & Electric has requested the City grant them a ten foot wide easement to extend electrical service to a newly constructed well owned by the Kern County Water Agency. The well is one of a series of wells being constructed as part of the Kern River Flow Restoration Program using monies from Proposition 13 (Water Bonds). Pacific Gas & Electdc's request has been reviewed by Property Management and Water Resources. DMAJs August 9, 2002, 10:54am ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Consent Calendar ITEM: 8.x. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager August 8, 2002 Senior Police Officer Position Reclassification APPROVED DEPARTMENT HEAD ~.~ CITY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends reclassification of one Senior Police Officer position to Detective BACKGROUND: The Police Department is requesting the reclassification of a Senior Police Officer position to Detective. The department has been involved in an information systems upgrade project for the past two years and is now nearing the implementation phase of the project. A Detective from the Investigations Division was transferred to the Support Services Division to assist in the implementation, training and maintenance of the systems and is currently assigned as the Records Management Systems and Computer Aided Dispatch Systems Coordinator. The reclassification of one Senior Police Officer position to Detective will replace the transferred Detective position in Investigations. The total number of authorized sworn positions in the department will remain the same and the cost of the reclassification is about 7% and will be funded through the existing budget. The Patrol compliment is not impacted as the Sergeant's position currently assigned to the technology project has been transferred to field operations. The recommended reclassification was approved by the Police Civil Service Board on August 7, 2002. ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 IAGENDASECTION: Consent Calendar ITEM: 8. y. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney August 9, 2002 APPROVED DEPARTMENT HEAD CITY A'I'I'ORNEY CITY MANAGER Authorization to send consent letter authorizing assignment of franchise to Time Warner Entertainment-Advance/Newhouse (TWEAN). RECOMMENDATION: Staff recommends approval. BACKGROUND: Time Warner Entertainment and Advance/Newhouse ('q'WEAN") have created a new entity which is a subsidiary to the original company. TWEAN has formally requested an assignment of the Bakersfield franchise to the new subsidiary. Based upon 'I'WEAN's submission to the City and the facts set forth therein and TWEAN's further representation that the assignment will have absolutely no adverse impact upon the franchise with our community or the service that is currently provided, the City Attorney requests approval to send the attached letter to Time Warner approving the merger. ADD:Isc S:\COUNClL~Admins\TirnewamerAssignment.doc 8/912002 10:40:49 AM ADMINISTRATIVE REPORT IMEETING DATE: August 21, 2002 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning July 30, 2002 IAGENDA SECTION: Hearings ITEM: 9.a. APPROVED DEPARTMENT HE~ MA.A ER SUBJECT: Concurrent General Plan Amendment/Zone Chanae P01-0916 (Ward 4) The City of Bakersfield has proposed a General Plan Amendment and an ordinance amendment for approximately five acres, located at the northwest corner of Jewetta Avenue and Brimhall Road. Denial of the zone change has been appealed by staff. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from SR (Suburban Residential) to OC (Office Commercial). Ordinance adopting the Negative Declaration and overturning the Planning Commission decision by amending Title 17 of the Municipal Code and Zoning Map 101-26 from RS-5A (Residential Suburban - 5 acres minimum) to C-O/PCD (Professional and Administrative Office Commercial/Planned Commercial Development) on 5 acres. RECOMMENDATION: Staff recommends continuance of the public hearing to September 4, 2002. BACKGROUND: This item was continued by the City Council at the May 22, 2002 and June 12, 2002, meetings in order for the applicant and surrounding property owners to discuss the project and come to a decision. Although the parties have met, they were unable to conclude their negotiations and plan to meet again. Staff believes at least one more meeting would be beneficial and recommends a continuance of the hearing to September 4, 2002. This amendment to the General Plan would permit the development of Office Commercial uses on the project site. The City of Bakersfield has been working with the property owner to acquire right-of-way for the improvement of both Brimhall and Jewetta Roads. For the property owner's cooperation, staff agreed to request this change in zone. Opposition from the neighboring residential property owners to the north and west of the project site surfaced during the Planning Commission hearings. Concerns ranged from location of the office building to traffic generated by the project. The Planning August 12, 2002, 3:53pm ADMINISTRATIVE REPORT Commission recommended adoption and approval of the General Plan Amendment as requested with a condition that the developer submit a Planned Commercial Development zone prior to development of the site. The Planning Commission recommended denial of the zone change. The applicant (city staff) appealed the Planning Commission's decision in order to receive a zone district designation for the site prior to completion of the annexation to the city limits. According to State Law, if no zone designation is approved prior to completion of the annexation the developer must wait two years after the completion of the annexation in order to change the zone. In addition, the city will be able to complete greatly needed improvements on both Brimhall Road and Jewetta Road. To wait two years in the quickly growing area of the city is inappropriate. There is no commercial office zoning within a mile of this site. There is a great need to provide professional office opportunities in this neighborhood so that people may work close to where they live. Approving a CO/PCD zone district achieves the intent of both the Planning Commission and the property owner while providing a forum for the neighborhood to discuss the project when development plans are finalized. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on February 8, 2002, in accordance with CEQA. MO (admin~une\6-12-0916) August 12, 2002, 3:53pm ADMINISTRATIVE MEETING DATE: August 21, 2002 REPORT IAGENDA SECTION: Hearing ITEM: 9.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 13, 2002 APPROVED DEPARTMENT HEA~, CITY MANAGER Resolution Upholding the Decision of the Planning Commission Approving Revised Vesting Tentative Tract Map 6018 and the Negative Declaration, and Denying the Appeal by the RiverLakes Ranch Master Association. (Ward 4) RECOMMENDATION: Staff recommends continuance of the public hearing to September 4, 2002. BACKGROUND: Discussions with the applicants and appellants indicate that coordination of their representatives would be better served by a continuance to September 4, 2002. On July 18, 2002, the Planning Commission approved the Negative Declaration and Revised Vesting Tentative Tract Map(RTM) 6018, subject to conditions of approval. RTM 6018 is located on the east side of Southshore Drive, north of Hageman Road in the RiverLakes area. The RiverLakes Ranch Master Association, the homeowners association for the RiverLakes development has filed an appeal contending the Negative Declaration is inadequate in the areas of consistency with the General Plan and the RiverLakes Ranch Specific Plan (as amended), traffic analysis, population and housing, and public services and recreation. Staff would recommend the Council affirm the decision of the Planning Commission, and deny the appeal. Revised Vesting Tentative Tract Map 6018 consists of 26 lots on 9.48 acres for purposes of multiple family development, zoned R-2 (Limited Multiple Family Dwelling). The application for RTM 6018 was deemed complete on April 9, 2002. Pursuant to Subdivision Map Act Section 66498.1, the subdivider for RTM 6018 '~/ested" the ordinances, policies, and standards in effect on April 9, 2002. RTM 6018 would not be subject to the approval of a future Specific Plan Amendment requesting access to Coffee Road. The applicant has agreed to condition number 19 which requires the subdivider to provide the City an Irrevocable Offer to Dedicate full street right- of-way at the east end of Whitewater Court if a future Specific Plan Amendment allowing access to Coffee Road is approved. Condition number 20 requires a 4-way stop at Whitewater Court and Southshore Drive. August 13, 2002, 3:31pm ADMINISTRATIVE REPORT .ago 2 During the June 6, 2002 public hearing before the Planning Commission, several hours of public testimony was taken from approximately 20 area residents. Speakers expressed several concerns about the proposed project including: 1) additional traffic congestion and safety concerns, especially on Southshore Drive and RiverLakes Drive; 2) lack of street access to Coffee Road from the project site; 3) use of recreational amenities by apartment residents without membership in the RiverLakes Homeowners Association; end density. Similar public testimony was taken by the Planning Commission during the July 18, 2002 hearing. In 1998, both the City Council and Planning Commission denied a Specific Plan Amendment to the RiverLakes Ranch Specific Plan (file # P98-0493) proposing street access directly to Coffee Road from this project site and another multiple family site located just south of Olive Drive. Generally, area residents living west of Coffee Road supported the proposal, and residences east of Coffee Road opposed it. Evidence on the record demonstrated that the existing street system is adequate to carry the amount of traffic as designated in the RiverLakes Ranch Specific Plan. Both Southshore and Northshore Drives are well within Level of Service A (optimal) volumes for current and future traffic volumes. Additional public street intersections with Coffee Road (an arterial) street would introduce potential traffic conflicts and would be inconsistent with the Metropolitan Bakersfield 2010 General Plan and the RiverLakes Ranch Specific Plan that include policies for arterial streets to be used by through traffic, with minimal access from abutting properties. As stated in the letter submitted by the RiverLakes Ranch Master Association appealing the Planning Commission's decision (Exhibit "D'), it is their opinion that the Initial Study was in error or incomplete. Many of these statements appear to be personal opinions and no evidence on the record was provided. Staff has provided the following responses to the issues raised about the initial Study. The attached Initial Study has been corrected. 1. Consistency with Land Use Plans: Issue: RTM 6018 is inconsistent with the General Plan and the RiverLakes Ranch Specific Plan. Response; The site is designated as High Medium Density Residential on both the Metropolitan Bakersfield 2010 General Plan and the RiverLakes Ranch Specific Plan. Development entitlements on the subject site were established many years ago for limited multiple family residential. RTM 6018 does not conflict the Metropolitan Bakersfield 2010 General Plan and the RiverLakes Ranch Specific Plan. 2, Traffic Imoacts: Issue: RTM 6018 would add to an already congested street system, especially Southshore Drive and RiverLakes Drive. There should be a street access to Coffee Road from the project site. A 1998 traffic study was prepared prior to the installation of the golf course, construction of new subdivisions on Southshore and Centennial High School. August 13, 2002, 9:42am ADMINISTRATIVE REPORT Response: The circulation system for RiverLakes was planned with the knowledge of all the developments listed above. Street capacity is adequate based on traffic analysis, prepared by the City's Traffic Engineer which considered buildout of the area. According to the Traffic Engineer, changes of cimumstances which would negate the findings in that traffic analysis have not occurred. Normal operational improvements such as traffic calming strategies and intersection controls, are available to mitigate any traffic operation concerns associated with normal development. 3. Population and Housino: Issue: The Initial Study has conflicting information regarding the number of projected residents of RTM 6018. The "persons per unit" factor used is suspect. Response: There is a typographical error in the Initial Study. The substantive analysis based on a population of 225 people is correct. The "persons per unit" factor is based on the 1990 Federal Census and staff has used this factor for the last 10 years. (Year 2000 Federal Census data was released a few weeks ago and the estimated population for the project would be 275.) 4; Public Services and Recreation: Issue: Residents of RTM 6018 will likely use the private recreation amenities maintained by the RiverLakes Ranch Master Association. These amenities are the lakes and beach club. Response: The City has no authority to require the subdivider to be a part of the homeowners association. The use of the private recreational facilities is a civil matter between the homeowners association and the subdivider of RTM 6018. Conclusion. Based on the above information, Staff recommends the Council uphold the decision of the Planning Commission, adopt the Negative Declaration, and deny the appeal. jeng aug21 Dev Serv Ping -hearings P:~ad min~002~Aug\8-21-6018.wpd August 13, 2002, 9:42am ADMINISTRATIVE REPORT IMEETING DATE: August 21, 2002 AGENDA SECTION: Public Hearings ITEM: 9.c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 17, 2002 APPROVED DEPARTMENT HF~r c,w A O..E/ CITY MANAGER ~--~ An Ordinance upholding the decision of the Planning Commission, adopting 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 an R-3 (Limited Multiple Family Dwelling) Zone to PCD (Planned Commercial Development) Zone on 7.5± acres generally located on the Southeast Corner of Mount Vernon Avenue and State Highway 178 appealed by Rich/Matz Bakersfield LLC (File # 02-0263). (Ward 3) RECOMMENDATION: Staff recommends continuance of the appeal hearing to September 4, 2002. BACKGROUND: This item was continued from the June 26, 2002 and July 31, 2002, City Council meeting at the request of the applicant to have more time to work out issues relating to road design. Councilman Maggard in his discussion about the request for continuance expressed concerns he also wanted to address in the hearing. These included the number of lanes, sidewalks, bus stops and architectural style. The applicant informs staff that they are very close to resolving the circulation issues. However, at the time this report was written, no additional information had been submitted. This matter should be continued again to the September 4, 2002, meeting to allow time for sufficient evaluation of any updated proposals. On May 16, 2002, the Planning Commission recommended approval of Zone Change #02-063 to allow development of a commercial shopping center. Much of the discussion during the Commission's May 16th meeting focused on internal circulation. The primary issue was the internal private road that connects Mt. Vernon Avenue to Mall View Road. The developer proposed to provide 2 east bound lanes and 1 west bound lane. The Commission placed Condition Nos. 1-4 (Exhibit "A") requiring 2 lanes in each direction. The Commission voted 6-1 recommending approval of the project to the City Council. Commissioner Tragish voted against adding the condition requiring additional lanes on the internal road and stated that although there was a lot of discussion indicting it would be "nice" to have 4 lanes, the expert testimony of the City's Traffic Engineer indicates three lanes will suffice. The conditions could use some clarification as to extent and purpose to guide subsequent site plan review. For example: It is unclear if the Planning Commission intended the requirement for four lanes to apply all the way from Mt. Vernon to East Hills Mall or just to the first major drive aisle between Home Depot and this project. In condition number 2, a buffer wall is required. Staff believes August 12, 2002, 3:42pm ADMINISTRATIVE REPORT Page 2 it would be to mitigate the sound from trucks and refrigeration units from exceeding acceptable (70 CNEL) sound levels as defined in the Noise Element at the residential property line to south of the loading dock. This would typically be a 12 foot to 14 foot high wall. Condition number 4 should be adopted as a requirement, not just a recommendation. The applicant states that the proposed shopping center would have little impact of the entry road. The requirement to expand the road to 4 lanes would be costly and detrimental to the development of the proposed market. Existing improvements, such as drainage structures, light poles and utilities, and parking in front of the market would be impacted. Landscaping areas would be narrowed. In accordance with condition No. 1 of City Council Resolution No. 22-01 (GPA P01-0744), the applicant is requesting approval of a PCD (Planned Commercial Development) zone to allow a commercial shopping center. City Council approved GPA/ZC # P00-0744 in February 2001 allowing a General Commercial land use designation on the project site and the adjacent Home Depot property, which covered a total of 27.9 acres. C-2 (Commercial) zoning was approved for the 20.4 acre Home Depot site, but this site, the remaining 7.5 acres west of Home Depot, was required to be developed pursuant a PCD (Planned Commercial Development) zone. The proposed zone change request consists of a change from an R-3 (Limited Multiple Family Dwelling) zone to a PCD (Planned Commemial Development) zone to allow development of a 67,300 square foot commercial shopping center on 7.5 acres. Proposed uses include a grocery market and 4 satellite pads for restaurants. A condition of related GPA P01-0744 limited the total square footage to 305,000 square feet of building area for the entire 27 acre site that consisted of the Home Depot area and the area subject to this PCD zone change (file #02-0263). The combined total of existing and proposed building area square footage is 239,667 square feet, which is 65,333 less than the maximum 305,000 square feet allowed. The existing internal road connects Mall View Road on the east side of Home Depot to a signalized intersection driveway on Mt. Vernon Avenue. Most of the street improvements along Mt. Vernon Avenue have been completed with the Home Depot construction. The center will have reciprocal parking and access with Home Depot. The applicant requested the wall along the north boundary of the project adjacent the existing R-3 (Limited Multiple Family Dwelling) zone be waived. This R-3 zoned property is unlikely to be developed as residential because an existing church site on a portion of the property and the location and configuration of the property is limited in its ability to be developed as residential. An 8-foot high masonry wall will be constructed along the property line separating the commercial site and the apartments located on the south boundary in the unincorporated area of the County of Kern. A 7-foot wide landscape strip with 24-inch box Canary Island Pine (evergreen) trees is also required. There is a remnant stretch of right-of-way which once served as a frontage road paralleling Mount Vernon Avenue that provided access to an existing church. As a condition of the approval for related GPA #P00-0744, this frontage road would not be used for traffic. Access to the church is now provided through the shopping center. The City retains the right-of-way for this frontage road to use in the future for the redesign of the Hwy. 178 on-ramp from Mount Vernon. Until that on-ramp project is ready for construction, it is recommended the developer install a 10-foot wide landscape strip (per Landscape Ordinance standards) along the perimeter of the remnant right-of-way. This landscape August 12, 2002, 3:42pm ADMINISTRATIVE REPORT Page 3 requirement would greatly enhance the aesthetics of the shopping center from Mount Vernon Avenue (an arterial street) and reduce confusion of drivers seeing regular travel lanes on Mount Vernon Avenue and a frontage road that is no longer in use. In addition to the specific landscape conditions as shown in the conditions of approval, all landscaping shall be consistent with Zoning Ordinance requirements. No one spoke in opposition to the project during the Planning Commission's hearing. The Kern County Planning Department submitted a letter (dated April 10, 2002) indicating they have no comment on the project. No further environmental documentation is necessary because all impacts were evaluated with the initial study and negative declaration adopted on February 14, 2001 for GPA #00-0744 (CEQA section 15162). Applicable conditions and mitigation measures have been included in the conditions. JE (admin~aug\8*21-0263) August 12, 2002, 3:42pm ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 IAGENDA SECTION: Hearings ITEM: 9.d. TO: Honorable Mayor and City Council ..,.~P_~__~ FROM: Development Services - Planning DEPARTMENT CITY ATTORNI DATE: July 30, 2002 CITY MANAGER SUBJECT: Concurrent General Plan Amendment/Zone Chanae P01-1036 (Ward 4) SMITHTECH/USA, INC. has proposed a General Plan Amendment from LR (Low Density Residential) to OC (Office Commercial) and an ordinance amendment from R-l-CH (One- Family Dwelling-Church) to C-O (Professional and Administrative Office) for approximately 7.92 acres, located along the southwest corner of Calloway Drive and Noriega Road, appealed by the residents of the area. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LR to OC on 7.92 acres. Ordinance adopting the Negative Declaration, upholding the Planning Commission's recommended C-O/PCD (Planned Commercial District) zone and amending Title 17 of the Municipal Code and Zoning Map 102-18 from R-l-CH to the Planning Commission Recommended C-O/PCD on 7.92 acres. RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the Ordinance. BACKGROUND: The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval to C-O/PCD on June 20, 2002. One person spoke in opposition to the proposal. Issues raised by the Planning Commission during the public hearing included the following: Issue - Light generated from the subject site may affect the adjacent residences; Mitigation - parking lot lighting facilities shall be directed away from residences; Issue - Building height impact on adjoining properties; Mitigation - All buildings shall front on Calloway Drive, building height is restricted to two stories, building openings on the south and west sides of the building shall be screened and shall comply with building overlooks Section 17.08.090 of the Municipal Code; August 14, 2002, 11:10am ADMINISTRATIVE REPORT Page 2 Issue - Inquiry into the traffic impact of the zone change; Mitigation - The city traffic engineer answered that the streets are all sufficient for the traffic and mitigated conditions are incorporated; and Issue - Commissioners would only support the project with a C-O/PCD combining zone which would permit them to address the various concerns at a public hearing. This PCD combining zone would permit the development of any use allowed by the C-O zoning district. Conditional uses are also permitted in the C-O/PCD; however, once the PCD zone is effective conditional uses must be processed subject to Section17.64 of the municipal code. An appeal of the Planning Commission's decision, by property owners, was filed with the city clerk. Appellants request states that the zoning "... be withheld and returned to the planning commission for further consideration". The appeal also states that many of the homeowners have recently moved into their homes and were not noticed of the change. Appellants also state that assurance was given by the builders that the subject site would be used only for a church or a park. The appeal contained the names of 15 individuals and 17 couples (49 signatures). Using the tax rolls as required by State law, staff notified property owners by mail on April 29, 2002, of the Planning Commission public hearing to be held on June 20, 2002. A total of 38 notices were mailed to property owners within the 300 foot notification radius of the subject site. Among the names on the July 5, 2002, appeal, only eight couples and six individuals that were notified of the June 20, 2002 Commission hearing signed the appeal. All but six of the 49 appellants live within the 300 foot notification radius. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on April 29, 2002, in accordance with CEQA. RED:pjt (admin~aug\8-21-1036) August 14, 2002, 11:10am ADMINISTRATIVE REPORT IMEETING DATE: August 21,2002 IAGENDA SECTION: Hearings ITEM: g.e. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning July 31 2002 APPROVED DEPARTMENT HEA[~____ CiTY ATi'ORNEZY ~'~' CITY MANAGER ~ SUBJECT: Concurrent General Plan Amendment/Zone Chanoe 02-0283 (Ward 4) Careage Development Co., LLC (Glenwood Gardens) has proposed a General Plan Amendment from LR (Low Density Residential) to LMR (Low Medium Density Residential) and an ordinance amendment of its PUD (Planned Unit Development) on 20.30 acres at 350 Calloway Drive located east of Calloway Drive and north of the Cross Valley Canal. The applicant appealed a condition of the zone change. (Ward 4) Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LR to LMR. Ordinance adopting the Negative Declaration, denying the applicant's appeal and amending Title 17 of the Municipal Code and Zoning Map No. 102-31 from PUD to PUD. RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the Ordinance. BACKGROUND: Careage Development Co. proposed 14 additional dwelling units to an existing development on Calloway Drive called Glenwood Gardens. The commission and staff supported the request as minor change to an existing medical/residential facility. The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on June 20, 2002. No significant issues were raised by the public or any affected public agency at the public hearings held by the Planning Commission. The applicant agreed to all conditions and mitigation for the project except for the public works condition submitted by memo dated July 20, 2002. Such condition would cause Carage Development (Glenwood Gardens) to abandon an existing golf cart tunnel crossing under Calloway Drive. Originally, the tunnel was for the purpose of providing residents of Glenwood Gardens with access to the golf course proposed by Castle & Cooke to be located west of Calloway Drive. August 14, 2002, 1;13pm ADMINISTRATIVE REPORT The applicant appealed the condition that Careage Development is financially responsible for all costs associated with the abandonment of the golf cart tunnel crossing pursuant to the encroachment permit for the tunnel. Subsequent to the Planning Commission's approval with the condition, Castle & Cooke agreed to help Glenwood Gardens by supplying about one half of the fill required to abandon the tunnel at no cost. Careage Development (Glenwood Gardens) can post a bond to do the work at a later time as the condition of approval already permits. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on April 29, 2002, in accordance with CEQA. RED (admin~aug\8-21-0283) August 14, 2002, 1:13pm ADMINISTRATIVE REPORT IMEETING DATE: August 21, 2002 IAGENDA SECTION: Hearings ITEM: 9.fo TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning July 30, 2002 APPROVED DEPARTMENT HEA~ CITY MANAGER ~ SUBJECT: Concurrent General Plan Amendment/Zone Chanoe No. 02-0218 (Ward 3) Jim Trigueiro has proposed to amend the general plan by changing the land use map designation from LMR (Low Medium Density Residential) to GC (General Commercial) on 2.3 acres of the 3.89 acre project site. The applicant is also proposing a zone change from R-1 (One Family Dwelling) (2.99 acres) and C-2 (Regional Commercial) (.9 acres) to P.C.D. (Planned Commercial Development) to develop a mini-storage facility on the site located west of Union Avenue and south of W. Columbus Street, at the western end of W. Jeffrey Street. 1) Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from LMR (Low Medium Density Residential) to GC (General Commemial) on 2.3 acres. 2) An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 103-19 from R-1 (2.99 acres) and C-2 (.9 acres) to P,C.D. (Planned Commercial Development). RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the Ordinance. BACKGROUND: The project is proposing a mini-storage facility that would provide 195 storage units, 29 RV parking spaces, one office building (2,492 sq. ft.), and one on-site residential dwelling unit (1,420 sq. ft.). The project site is a long narrow and irregular shaped parcel that would be difficult to develop under the current LMR and R-1 designations. The proposed mini-storage facility may be one of the more practical uses for the site. The Planning Commission received two letters in opposition to the proposal from adjacent property owners. The subject property owners were concerned that the proposal would create access problems, impact the existing view, invite criminal activity, and reduce their property values. Staff from the Planning Department informed the Planning Commission that the proposal would not impact the adjacent properties, as indicated, based on the proposed site plan, landscaping plan, conditions of approval, and the development of property that would otherwise be vacant and unused. August 12, 2002, 4:30pm ADMINISTRATIVE REPORT Upon completing its review of the proposal, the Planning Commission recommended that no pylon signs be permitted on the project site and that the proposed monument sign at the entrance should meet all sign ordinance requirements. The applicant will also need to obtain permanent access across a portion of West Jeffrey Street that is located just west of Union Avenue. All of West Jeffrey Street is privately owned with the majority owned by the applicant. However, a small portion just west of Union Avenue is owned by another property owner. The applicant will also need to obtain a permanent secondary emergency access point for the project site. Such an access point is currently available along the West Miner Street alignment, adjacent on the east side of the project site. The hours of operation for the mini-storage facility will be prohibited from 7:00 p.m. to 7:00 a.m. All light poles will be limited to a height of 7'6" and all lighting is required to be shielded so that all direct rays are confined to the site. The color of all roofs will be limited to a neutral, non-reflective, light earth tone color. No auctions or any type of property sales will be permitted on the project site. No structure on the project site will exceed a height of one story. A negative declaration was prepared and advertised for this project. WC (adm in,aug\8-21-0218) August 12, 2002, 4:30pm ADMINISTRATIVE REPORT IMEETING DATE: August 21, 2002 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning July 30, 2002 IAGENDA SECTION: Hearings ITEM: 9.g. APPROVED DEPARTMENT HEA~ CITY ATrORNE~ ~ CITY MANAGER ~ SUBJECT: Concurrent General Plan AmendmentJZ0ne Chan(]e No. 02-0291 (Ward 1) Mclntosh and Associates has proposed an amendment to the general plan by changing the land use map designation from HI (Heavy Industrial) to GC (General Commercial) on 19.59 acres, HI to LR (Low Density Residential) on 64.22 acres, and LI (Light Industrial) to LR on 16.06 acres. With this is an application to change the zoning from M-3 (Heavy Industrial) to C-2 (Regional Commercial) on 4.61 acres, M-2 (General Manufacturing) to C-2 on 14.98 acres, M-3 to R-l/PUD (One Family Dwelling/Planned Unit Development) on 49.51 acres, Mo2 to R-l/PUD on 14.71 acres, and M-1 {Light Manufacturing) to R-l/PUD on 16.06 acres, located south of Highway 58, between Oswell Street and Sterling Road. 1.) Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from HI (Heavy Industrial) to GC (General Commercial) on 19.59 acres, HI to LR (Low Density Residential) on 64.22 acres, and LI (Light Industrial) to LR on 16.06 acres. 2.) An Ordinance adopting the Negative Declaration and amending Title 17 of the Municipal Code and Zoning Map No. 124-02 from M-3 (Heavy Industrial) to C-2 (Regional Commercial) on 4.61 acres, M-2 (General Manufacturing) to C-2 on 14.98 acres, M-3 to R-l/PUD (One Family Dwelling/Planned Unit Development) on 49.51 acres, M-2 to R-l/PUD on 14.71 acres, and M-1 (Light Manufacturing) to R-l/PUD on 16.06 acres. RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the Ordinance. BACKGROUND: The applicant is proposing a 19.59 acre regional Commercial site and a 80.29 acre Single Family Residential-Planned Unit Development site on the 99.87 acre project site, located at the southeast corner of Oswell Street and Highway 58. Presently, the project site is designated for industrial uses. A portion of the project site (72 acres) is currently under Kern County jurisdiction. Correspondence August 13, 2002, 1:39pm ADMINISTRATIVE REPORT requesting annexation has been presented to the City. Annexation is a separate process and the Resolution of Application to begin the annexation process has gone to the City Council and the annexation application has been submitted to LAFCO. The requirement for a masonry sound wail has been incorporated into the project to mitigate noise impacts from Highway 58. Mitigation measures for traffic impaCts have been incorporated as well. The applicant proposes to submit a Planned Unit Development residential subdivision in the near future. The Planning Commission received a petition and 12 letters from adjacent property owners to the east indicating opposition to the proposal. These property owners are concerned that the project will reduce their property values, increase population, crime, and traffic in the area, impact wildlife, create land use conflicts with existing animals, and reduce the rural atmosphere of the area. Staff from the Planning Department informed the Planning Commission that the proposal would not impact the property owners to the east, as indicated, based on the land use change from industrial to planned residential development, improved circulation, and the requirement for block walls to prevent double frontage lots along Collectors. WC (admin~aug\8-21-0291 ) August 12, 2002, 4:06pm ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Hearings ITEM: 9.ho TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 30, 2002 DEPARTMENT HEA~ CITY AI'I'ORN~ /,~ CITYMANAGER ~'~-~'~ Concurrent General Plan Amendment/Zone Chance P02-0290 (Ward 7) Arredondo Ventures, Inc. has proposed a General Plan Amendment from LMR (Low Medium Density Residential) to CC (Office Commercial) with a zone change from R-2 (Limited Multiple-Family) to C-O (Professional and Administrative Office) on 2.67 acres, located along the east side of Wible Road approximately 400 feet south of Panama Lane. The requirement for a PCD and denial of the zone change has been appealed by the applicant. Resolution approving the Negative Declaration and adopting the General Plan Amendment to change land use designations from LMR to CC. Resolution upholding the Planning Commission's disapproval of the requested C-O zone and denying the appeal. RECOMMENDATION: Staff recommends adoption of the resolutions approving the general plan amendment and upholding the Planning Commission. BACKGROUND: The Planning Commission conducted public hearing(s) on this General Plan Amendment/Zone Change and recommended City Council approval on June 17 and 20, 2002. The commission denied the request for CO and added a condition to the general plan amendment that the site be developed with a PCD which has been appealed by the applicant. This permits review of any development proposal by the commission and council at a public hearing. Mike Callagy of Corner Stone Engineering requested that a three year restriction on the construction of restaurants and eating places be a condition of approval. Mr. Callagy is concerned that this project might jeopardize a restaurant proposal across Wible Road on property zoned C-2. C-O zones permit the construction of restaurants by CUP. For this reason the City Council placed this same restriction on Mr. Callagy's client for approval of a GPA and ZC along the southwest corner of Wible Road and Panama Lane. August 12, 2002, 4:33pm ADMINISTRATIVE REPORT Page 2 The commission discussed several issues during the hearing. Such issues included the PCD, PCD combining zone, commission discretion over any project in the PCD (or combining) zone and consideration of action taking on previous projects. The zone change amendment to PCD would permit the development of any use allowed in the C-O zone. PCD conditions require the applicant to comply with Section 17.54 of the Municipal Code. This section requires development plans to be approved by the Planning Commission and City Council. The Commission approved the general plan amendment with a condition that the zone change be brought back as a PCD zone change application. The Planning Commission's denial of the requested zone change and addition on the GPA for a PCD was appealed by the applicant. Basis of the appeal is that the commission was misled by statements made by the agent of the property owner along the west side of Wible Road. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on August 28, 2001, in accordance with CEQA. RED:pjt (admin~aug~-21-0290) August 12, 2002, 4:33pm ADMINISTRATIVE REPORT MEETING DATE: August 21,2002 IAGENDA SECTION: Hearing ITEM: 9.'i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning August 14, 2002 APPRO~C~;)~ DEPARTMENT H~(~ CITY AI'I'OR~Y ~- c,TY MA.AGER _ Resolution Upholding the Planning Commission's Approval of Vesting Tentative Tract Map 6108 and the Negative Declaration, appealed by the residents of Froehlich Ranch - The Palms. (Ward 4) RECOMMENDATION: Staff recommends the City Council adopt the resolution. BACKGROUND: On July 18, 2002, the Planning Commission approved the Negative Declaration and Vesting Tentative Tract Map 6108, subject to conditions of approval. Vesting Tract Map 6108 is located on the west side of Allen Road, north of Dove Creek Drive. The residents of Froehlich Ranch - The Palms have filed an appeal (attached) contending that the subdivision: 1) Will lead to additional problems with parking, traffic congestion, noise, nuisance and public safety; and 2) The subdivision should have been zoned R-2/PUD (Limited Multiple Family Dwelling- Planned Unit Development) upon annexation into the City where its zoning had been R-2/PD (Medium- Density Residential - Precise Development) in the County. Staff is recommending the Council affirm the decision of the Planning Commission, and deny the appeal. Vesting Tentative Tract Map 6108 consists of 23 lots on 9.09 acres for purposes of multiple family development, zoned R-2 (Limited Multiple Family Dwelling). The application for V-tM 6108 was deemed complete on April 11,2002. Pursuant to Subdivision Map Act Section 66474.2, in determining whether to approve or disapprove the map, a local agency may only apply the ordinances, policies, and standards in effect on April 11,2002, which includes the R-2 zoning. During the June 6, 2002 public hearing before the Planning Commission, area residents spoke regarding this subdivision. Speakers expressed several concerns including: 1) Increased traffic through their neighborhood and safety concern for their children; 2) The aesthetics of the proposed multi-family development; 3) The multi-family development having access into their estate zoned development; and 4) The County's R-2/PD (zone designation versus the City's R-2 designation. The Planning Commission continued the public hearing to the regularly scheduled Planning Commission hearing of July 18, 2002. It seemed that the issues raised at the Planning Commission had been resolved except for the pedestrian access. The staff report, minutes and resolution of approval from the Planning Commission are attached for review. L Palmer August 14, 2002, 4:44PM ADMINISTRATIVE REPORT In support of the appeal the appellants state that a pedestrian access gate between the two subdivisions will lead to additional problems with parking, traffic congestion, noise, nuisance and public safety. They write that it is foreseeable that apartment residents and their guests will park on Dove Creek or Majesty Palm and use the pedestrian access to units at the southern end of the development. Staff notes that both Dove Creek and Majesty Palm are wide enough to accommodate parking and traffic and if vehicles are precluded from accessing the apartment subdivision from Dove Creek, their drivers would likely park and walk. However, a no-parking zone could be established to preclude parking. Pebble Creek development (located southwest of Hageman and Coffee Road) is given as an example of on-street parking problems. Staff agrees that cars do park on Pebble Creek Drive. It is a standard residential street. The appeal labels the pedestrian gate an attractive nuisance on the assumption that children will seek out the wider, less congested streets to play in the subdivision to the south. There is reference to a proposed vacation by Kern County of the street connection from Dove Creek to the apartment subdivision and that a pedestrian gate would be in conflict with the intent of the vacation and the Palms residents' consideration to convert to a gated community. Staff notes that on June 25, 2002, the Kern County Board of Supervisors took action to direct the Kern County Planning Department to initiate a non-summary vacation hearing for the purposes of vacating the portion of the right-of-way of Majesty Palm Street lying north of Dove Creek Drive. The public hearing to consider the vacation of this portion of Majesty Palm Street has been continued by the Board of Supervisors pending the outcome of this appeal. Staff comments that vacation of the right-of-way by the county would change its status from a pubticly maintained road to a private street. If its connection to Dove Creek were required to serve the subdivision, it could still be a part of the design and a requirement of development. This being a hearing on the map's approval, it's entire design is up for consideration by the City Council. With the Palms residents' consideration of converting to a gated community, reconsideration of the severance of this subdivision from Dove Creek might be given to provide for good circulation through the subdivision. Concerning the complaint that the Rosedale Union School District was inappropriately drawn into this subdivision's review, State law requires maps be referred to school districts and consideration of their comments be given. Since the Planning Commission approval of the map, staff has contacted the school district's superintendent who confirmed the content of the letter on file as the district's opinion. Basically, that letter says that access to the bus stop at Majesty Palm and Monarch Palm that would not require children to be exposed to Allen Road would be safer. The Planning Commission reacted to that by requiring pedestrian access directly between the two local streets. L Palmer August 14, 2002, 4:53PM ADMINISTRATIVE REPORT 3 Staff's position is that no substantial evidence has been submitted to support the allegations that approval of this subdivision would create additional problems with parking, traffic congestion, noise, nuisance and public safety. City parking ordinances will require on-site parking to accommodate the parking generated by the proposed multi-family residential units. Over[iow parking for the multi-family residential units is permitted on the street within this proposal. There is no evidence that residents or visitors of this subdivision would park on Dove Creek Drive and use the pedestrian access to walk to their destination within the proposed subdivision. Dove Creek and Majesty Palm are county roads. In response to a question at the Planning Commission meeting, the Public Works Department indicated that Froehlich Ranch residents would have to contact the county if they wished to limit parking on those streets. The appellant's also contend that the zoning of the site should have been zoned to R-2/PUD for annexation into the City. The site was pre-zoned R-2 on January 28, 1998. The application for annexation of the property into the City was approved by the City Council on April 10, 2002. The annexation is expected to be completed in December of 2002. As discussed above, this map is a vesting map. The subdivision of this land must be judged by the rules in effect at the time the map was deemed complete. A condition to change the zoning to R- 2/PUD as suggested by the appellants would not change the ordinances which were in effect at the time this application was deemed complete. In addition, the Local Government Reorganization Act of 2000 (Section 56375 (e)) precludes subsequent zone changes for annexed territory from being made for a period of 2 years after completion of an annexation, unless the legislative body makes a finding at a public hearing that a substantial change in circumstances has occurred that necessitates a zone change. There has been no substantial change in circumstances that would necessitate a zone change to the subject property. A zone change to PUD or addition of a PUD overlay to the R-2 zone designation of the property would not be in conformance with the existing R-2 zoning of the site. To change the zone at this point would require the City to request that the Local Agency Formation Commission (LAFCO) delay the pending annexation hearings, the applicant would have to amend the annexation application and restart annexation processing and the zoning would need to be referred to the Planning Commission for hearing and recommendation. However, a zone change would not be applicable to this subdivision, because the vesting rights began on April 11,2002, and were vested with the existing R-2 zoning. Attachments: A. Council Resolution B. Appeal C. Planning Commission staff report D. Negative Declaration/Initial Study E. Planning Commission Memo (includes letters to the public) F. Agency letters G. Planning Commission minutes H. Planning Commission resolution L Palmer August 15, 2002, 8:31AM ADMINISTRATIVE REPORT MEETING DATE: August 21,2002 IAGENDA SECTION: Hearings ITEM: 9..i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning July 30, 2002 APPI~ DEPARTMENT HEA~. ClTYMANA~ER ~ Concurrent General Plan Amendment/Zone Chanoe P02-0316 (Ward 7) Mark Costa has proposed a General Plan Amendment and a zoning ordinance amen, for 4.12 acres, located along the north side of Ming Avenue to June Avenue, west ot Lane. Applicant appealed the condition to construct full street improvements alor frontage of the site. Resolution approving the Negative Declaration and adopting the General Amendment to change land use designation from SR (Suburban Residential) (Office Commercial). Ordinance granting the appeal, adopting the Negative Declaration and amendin 17 of the Municipal Code and Zoning Map 123-01 from RS (Residential Suburl: C-O/PCD (Professional and Administrative Office - Planned Commercial Develc zone. RECOMMENDATION: Staff recommends adoption of the resolution and first reading of the Ordinance. BACKGROUND: This general plan amendment and zone change would permit the conversion of the existing family homes to office commercial uses. The Planning Commission recommended that the cony be done in a manner to maintain the character of the residential neighborhood. The homes may be converted to commercial or office uses shall remain single story and architec compatible with the look and character of the neighborhood. The Planning Commission conducted public hearings on this General Plan AmendmentJZone C and recommended City Council approval on June 20, 2002. No significant issues were raised public or any affected public agency at the public hearings held by the Planning Commissior applicant has agreed to all conditions and mitigation for the project except for the constructior street improvements to City standards for the frontage of the project site. August 13, 2002, 3:33pm ~VED ~,~ ment Anita g the Plan :o OC ] Title an) to merit) single ,~rsion which lurally ~ange 3y the · The of full ADMINISTRATIVE REPORT Page 2 The applicant's position is that in negotiating annexation of this area an understanding had been reached that the property owners would dedicate the right-of-way for Ming Avenue and the City would make the necessary improvements to complete Ming Avenue in this area, Staff and the applicant have met and agreed that in exchange for dedication of the right-of-way by the property owners the city would do the street widening of Ming Avenue. Therefore, staff recommends granting the appeal. Approving a CO/PCD zone district achieves the intent of both the applicant and the Planning Commission, while providing a forum for the neighborhood to discuss the conversion of the site, when appropriate. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on May 17, 2002, in accordance with CEQA. MO:pit (admin~aug\8-21-0316) August13,20021 3:3-3pm ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: Hearings ITEM: 9.k. TO: Honorable Mayor and City Council APPROVED FROM: Development Services - Planning /'////' DATE: July 30, 2002 /~/~ SUBJECT: DEPARTMENT HEAD CITY ATrORNEY CITY MANAGER General Plan Amendment P01-1025 (Ward1) The City of Bakersfield has proposed an amendment to the Circulation Element of the general plan by changing the designation of Brundage Lane between Oak Street and the intersection of Brundage Lane and Edison Highway from "arterial" to "collector". Resolution approving the Negative Declaration and adopting the Planning Commission recommended General Plan Amendment to change the Circulation Element designation of Brundage Lane between Wible Road/Oak Street and the intersection of Brundage Lane and Union Avenue from "arterial" to "collector". RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The city Public Words Department proposed this amendment to the Circulation Element changing Brundage Lane from "arterial" to"collector" status. This would require the maximum right-of-way width of 90 feet rather than the maximum 110 foot right-of-way required for an "arterial" street. Right-of-way along the length of Brundage lane is not uniform. Between Oak Street and Union Avenue, the right-of way is approximately 90 feet wide. East of Union Avenue the right-of-way ranges between approximately 90 and 110 feet. The traffic model for Metro Bakersfield indicates that Brundage Lane as a collector could carry anticipated traffic to the year 2010. A down class of Brundage Lane would allow future development to occur without additional dedication and widening of the road. Planning Commission public hearing(s) were conducted on April 4 and 18, May 16 and June 6, 2002, and a modified amendment to the General Plan was recommended for City Council approval on June 6, 2002. August 15, 2002, 8:35am ADMINISTRATIVE REPORT Considerable debate occurred during the three public hearings on this item. Many members of the public supported a change in the designation thinking there would be less traffic if Brundage Lane were to become a collector. A considerable amount of Brundage Lane is outside the city and county staff does not support the change from arterial to collector. The Commission concluded that only the portion of Brundage Lane between Oak Street and Union Avenue should be amended to collector status. Staff conducted an initial study and it was determined that the project would not have a significant effect on the environment. Therefore, a Negative Declaration was prepared and posted on March 1, 2002, in accordance with CEQA. RED:pjt (adrnin~aug~8-21-1025) August 15, 2002, 8:35am ADMINISTRATIVE REPORT MEETING DATE: August 21,2002 IAGENDA SECTION: Deferred Business ITEM: 11.a. APPROVED TO: Honorable Mayor and City Council DEPARTMENT HEAD ///~ J FROM: Raul M. Rojas, Public Works Director CITY ATTORNEY /~' DATE: August 8, 2002 CITY MANAGER ~ SUBJECT: Resolution increasing hangar and tie-down fees for the Bakersfield Municipal Airport. (Ward 1) RECOMMENDATION: Staff recommends adoption of resolution. 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. A public hearing was held on July 10, 2002. The last rate increase for the Airport was done 10 years ago. Rate increases are recommended to insure operating revenues recover operating costs. These rates are consistent with rates charged at nearby airports. Informational notices were mailed to current lessees at the Airpod notifying them of the proposed increase and hearing date. Upon completion of the public hearing, this item was referred back to staff to ensure that the proposed rates are not higher than rates charged at Meadows Field. Only one of the proposed fee increases were higher than what is charged at Meadows Field. The proposed rate for Port-a-Port (owner hangar) is proposed to be $50, not the $60 as originally proposed. On August 8, 2002, City staff met with 40 airport tenants regarding the proposed increase in fees at the Airport and other issues. A summary of issues discussed at this meeting is attached to this Administrative Report. ATTACHMENT: FEE INCREASE SCHEDULE dns G:\G ROU P DATV~OMIN R PT~2002'~Aug 21~AIRPORTFEEINCREASE.doc ADMINISTRATIVE REPORT MEETING DATE: August 21, 2002 AGENDA SECTION: New Business TEM: 12.a. TO: Honorable Mayor and City Council APPROVED /'~ . FROM: Pamela A. McCarthy, City Cler~'/ DEPARTMENT HEAD ~ DATE: August 7, 2002 CITY ATTORNEY ~ C'TY MANAGER ~ SUBJECT: Authorization to send letter to all City Clerk's in the State of California regarding the "In God We Trust" project in the City of Bakersfield. RECOMMENDATION: Staff recommends Council determination. BACKGROUND: At the request of Councilmember Sullivan this item is being placed on the agenda for Council consideration. Councilmember Sullivan would like staff to send a letter, signed by the full Council, to each City Clerk in the State regarding Bakersfield's placement of "In God We Trust" in our Council Chambers. The letter will ask each Clerk to provide the information to their Council's, reference the Hall of Documents and the Liberty Garden and encourage other Cities to follow Bakersfield's example. There are 477 City Clerk's throughout the state. Staff estimates the cost; including postage, letterhead, envelopes and staff time to be approximately $400.00. :proc August 8, 2002, 12:23PM S:\C ouncil~admins~2002~A UG2102N B.doc