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HomeMy WebLinkAbout02/14/2001 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF FEBRUARY 14, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pm-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL 2. WORKSHOP City Center Update and Stadium Design Presentation (Rossetti & Associates) Note: If there is not enough time during the Workshop Session for this item, it may be moved to Reports during the Regular Meeting. 3. CLOSED SESSION 84 Public Employee Performance Evaluation - City Attorney Closed Session pursuant to Subdivision (a) of Government Code Section 54947. REGULAR MEETING 1. INVOCATION by Pastor John M. Scoggins, Jr. of Rosedale Bible Church 2. PLEDGE OF ALLEGIANCE by James Dunn, Scout Troop 712 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS Presentation by Mayor Hall of Recognition Certificates and Award to Bakersfield Police Department Reserve Officers, with introduction by Sergeant Greg Wiliiamson. Presentation by Mayor Hall of Proclamation to Ted Wright, President of American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 18-24, 2001 as "National Engineers Week". PRESENTATIONS continued c. Trees for the Millennium Grant Award: 1. Presentation by Mr. Dave Hillman, CDFFrulare County Fire Chief, of a check in the amount of $9,000 for the purchase of trees for public property.. 2. Appropriate $9,000 Grant Award to Recreation and Parks Operating Budget within the General Fund. Staff recommends acceptance of the check and appropriation of the grant monies. (Ward 3) (Ward 4) PUBLIC STATEMENTS APPOINTMENTS CONSENT CALENDAR Minutes: a. January 31, 2001 Council Meeting. Payments: Payments from January 19, to February 01, 2001 in the amount of $3,984,207.97; and Self Insurance payments from January 19, to February 01,2001 in the amount of $84,466.69. Resolutions: Resolution of Intention No. 1235 adding territory, Area 4-19 (Alfred Harrelt, 178) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution approving a Memorandum of Understanding for the employees of the Association of Bakersfield Police Officers for salaries and related benefits, and adopting salary schedule. Assessment District No. 01-1 (Ming at Allen/Mountain Vista Drive/Hampton Place) 1. Resolution accepting Petition and Determining to undertake special assessment proceedings. 2. Resolution approving Boundary Map 3. Resolution of Intention No. 1236. 4. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel for legal services. 5. Agreement with Cox, Castle & Nicholson, Disclosure Counsel for legal services. -2- 8. CONSENT CALENDAR continued (Ward 7) (Ward 7) (Ward 4) (Ward 1) (Ward 2) f. New Job Specification, Reclassifications and Change to Salary Schedule. Amendment No. 11 to Resolution No. 108-99 setting salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Supervisor- Office Administration, Communications and Special Projects. New Job Specification: Supervisor- Office Administration, Communications and Special Projects. Reclassifications: Administrative Assistant II to Supervisor - Office Administration, Communications and Special Projects; Secretary I to Administrative Assistant I. Agreements: g. Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Normal Development Corporation for Tract 5529, Phase 2, located north of Berkshire Road, east of Akers Road. Final Map and Improvement Agreement with Normal Development Corporation for Tract 5529, Phase 3, located north of Berkshire Road, east of Akers Road. Final Map and Improvement Agreements with Polo Greens LLC for Tract 5596, Phase 4, located at the northeast corner of Hageman Road and Verdugo Lane. Final Map and Improvement Agreements with Lifestyle Homes of California for Tract 5980, located at the southeast corner of Pacheco Road and Monitor Street. Agreement with the Law Offices of Hanna, Brophy, MacLean, McAleer & Jensen, $40,000 for Workers' Compensation Legal Services, to be paid from the Self- Insurance Workers' Compensation Fund. Memorandum of Agreement between City of Bakersfield, County of Kern, and Kern Council of Governments, to fund a Metropolitan Bakersfield Transportation Systems Study, City share of $25,000. Agreement with Wilson & Associates, not to exceed $79,000, to provide specialized assessment engineering services for various assessment districts. Amendment No. 1 to Agreement No. 00-9 with Thyssen Dover Elevator to include maintenance of the elevator located at the City-owned 18th and Eye Street Parking Garage, not to exceed $2,820 annually. -3- 8. CONSENT CALENDAR continued (Ward 4) Buena Vista Trunk Sewer Phase II and widening of Buena Vista Road from San Joaquin Valley Railroad to White Lane Project. Award Contract to Utah Pacific Construction (Base Bid - $7,782,515 and Additive Alternate No. 2 - $58,104) for the construction of Buena Vista Trunk Sewer Phase II, from White Lane to Gosford Road and the widening of Buena Vista Road from San Joaquin Valley Railroad to White Lane. Agreement with property owner to pay construction costs for curb, gutter and drainage improvements in installments and notice of special assessment lien. Resolution confirming assessment for curb, gutter and drainage improvements construction costs and authorizing the collection of assessments by the Kern County Tax Collector. Appropriate $60,000 fund balance for the median improvements and $58,104 Special Assessment Lien for the reimbursable improvements on private property to the Capital Improvement Budget within the Transportation Development and Gas Tax Funds. Bids: Award Annual Contract to Penhall Company, not to exceed $25,000 to remove pavement stripes and markings at various locations throughout the City. Award Annual Contract to Loop Electric, not to exceed $25,000, for Vehicle loop cutting services at various intersections within the City. Accept bids from Econolite Controls Products, $118,589.17; Wesco Distribution $85,762.65; U.S. Traffic Corporation $65,113.69; McCain Traffic Supply $51,982.74; Lingo Industrial Electronics $18,642.61; Mil-Lektron $17,660.35; and Traffic Parts Incorporated $1,794.39 for traffic signal equipment. Total $359,545.60. Miscellaneous: (Ward 6) Easement to Pacific Bell, $5,000 for communication vault at Wastewater Treatment Plant No. 3 adjacent to Taft Highway approximately 600 feet east of Gosford Road. Staff recommends adoption of Consent Calendar Items a. through p. -4- 9. HEARINGS (Ward 4) a. General Plan Amendment No. P00-0468: Castle & Cooke California, Inc. has requested an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from High Medium Density Residential to Low Medium Density Residential on 27.91 acres located along the north side of Ming Avenue (extended) and the west side of Buena Vista Road. Staff recommends adoption of the resolution approving the Mitigated Negative Declaration and General Plan Amendment. (Ward 3) b. General Plan Amendment No. P00-0660: Kyle Carter Homes is requesting a General Plan Amendment from Low Medium Density Residential to Low Density Residential on 58 acres and Open Space to Low Density Residential on 106 acres and amend the Circulation Element to designate Paladino Drive, to a local street and amend the Specific Trails Plan to designate a Class III trail. The project site is 164 acres in size and is located north of State Route 178 and east of Alfred Harrell Highway. Resolution adopting the Negative Declaration and approving the: Amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from Low Density Residential to Low Medium Density Residential on 58 acres and Open Space - Slopes exceeding 30% to Low Density Residential on 106 acres; and Amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan in designating Paiadino Drive, between State Route 178 and Alfred Harrell Highway, from a Collector to a Local Street and realigning said designation; and Amendment to the Specific Trails Plan in designating the Class II Trail, between State Route 178 and Alfred Harrell Highway, to a Class III Trail and realigning said designation, Staff recommends adoption of the Resolution. -5- (Ward 6) HEARINGS continued c. General Plan Amendment and Zone Change No. P00-0691: Ridgeview Church of the Nazarene is requesting a General Plan Amendment to change the land use designation from Low Density Residential to Low Medium Density Residential on 4.8 acres and to change the zoning from One Family Dwelling to Limited Multiple Family Dwelling on the same 4.8 acres, located adjacent on the east side of Stine Road, just south of Hosking Avenue. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from Low Density Residential to Low Medium Density Residential. Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-35 from One Family dwelling to Limited Multiple Family Dwelling. Staff recommends adoption of the resolution and first reading of the ordinance. (Ward 3) General Plan Amendment/Zone Change P00-0744 and appeal of Planning Commission Recommendation: Home Depot has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and zoning on 27.90 acres, located between State Route 178, Bernard Street, East Hills Mall and Mt. Vernon Avenue in northeast Bakersfield. Resolution adopting the General Plan Amendment to change the land use designation from High Medium Density Residential to General Commercial. Resolution upholding the Planning Commission and denying the amendment of Title 17 of the Bakersfield Municipal Code and Zone Map No. 103-22 from One-Family Dwelling and Limited Multiple Family Dwelling to Regional Commercial. Staff recommends this matter be referred back to the Planning Commission. -6- 9. HEARINGS continued General Plan AmendmentJZone Change P00-0756 and appeal of Planning Commission Recommendation. (County Jurisdiction) Floyd Hinesley proposes a General Plan Amendment and Zone Change from Agricultural to Commercial. Project site consists of 18.77 acres located along the northwest corner of Renfro Road and Stockdale Highway. Resolution upholding the appeal and denying the General Plan Amendment to change the land use designation from Resource-Intensive Agriculture to General Commercial Resolution upholding the Planning Commission and denying the amendment of Title 17 of the Bakersfield Municipal Code and Zone Map No. 101-34 from Agriculture to Regional Commercial. Staff recommends adoption of resolutions denying the General Plan Amendment and Zone Change. f. General Plan Amendment P00-0796: (County Jurisdiction) City of Bakersfield has applied to amend the Land Use, Circulation and Kern River Plan Elements of the Metropolitan Bakersfield 2010 General Plan consisting of several changes to the City's Land Use, Circulation and Kern River Plan Element maps to achieve consistency with the Kern County Board of Supervisors' approved amendments from July, 1996 to September 1999. These amendments are eighteen separate sites located within the County jurisdiction of the Metropolitan Bakersfield 2010 General Plan. Staff recommends adoption of resolution approving the amendments to the Land Use Element, Circulation Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan. 10. REPORTS 11. (Ward 1) DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map Nos. 124-08 and 124-17 by changing the zoning from a One-Family Dwelling zone to a Light Manufacturing zone, on approximately 200 acres, located south of Watts Drive, north of East White Lane, between Madison Street and South Union Avenue. Also included is a small rectangular area at the northwest corner of Watts Drive and Madison Street (ZC P00-835) (First reading 1/31/01) Staff recommends adoption of the ordinance. -7- 11. DEFERRED BUSINESS continued Ordinance amending Subsection H. of Section 6.28.170 of Title 16 of the Bakersfield Municipal Code relating to double frontage lots along streets which function as major streets. (First reading 1/31/01) Staff recommends adoption of the ordinance. Ordinance amending Section 17.28.020 of Title 17, of the Bakersfield Municipal Code, adding Subsection D. related to additional uses in the Light Manufacturing zone specific to the Bakersfield Airpark. (First reading 1/31/01) Staff recommends adoption of the ordinance. Ordinance amending Subsection B.8 of Section 16.32,060 of Subsection D.8. of Section 16,32.080 of Title 16 of the Bakersfield Municipal Code relating to canal fencing within one quarter mile of a subdivision. (First reading 1/31/01) Staff recommends adoption of the ordinance. 12. NEW BUSINESS 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, City Manager S:\Councit~AGENDA/FEB 1401 .w~ Februan/8, 2001 (1:32prn) -8- BAKERSFIELD MEMORANDUM FEBRUARY 9, 2001 TO: FROM: THROUGH: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL ALAN CHRISTENSEN, ASSISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - FEBRUARY 14, 2001 MEETING PRE-MEETING There is one workshop: a City Center update and a presentation on stadium concept designs by representatives from Rossetti & Associates. If additional time is needed this item could be continued under reports during the regular meeting. There is one closed session item: the City Attorney performance evaluation. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Resolutions: Item 8c. Resolution of Intention addinq territory to Area 4-19 (Alfred Harrell, 178) to the Consolidated Maintenance District and preliminarily adoptinq, confirminq and approvinq Public Works Director's Report. A request has been received from the property owner for inclusion into the Consolidated Maintenance District to provide for maintenance of a public park and street landscaping. This area will be under the park and street landscaping zones of benefit and when a park has been constructed and street landscaping has been installed, will be assessed an amount for park tier 1 and street tier 2. Staff recommends adoption of the resolution. Item 8d. Resolution approving a Memorandum of Understandinq for the employees of the Association of Bakersfield Police Officers for salaries and related benefits and adoptinq salary schedule. This resolution is the result of meetings with the Police bargaining unit and includes enhancement of their pension benefits to increase from 2% at 50 to 3% at 50, effective December 2003. It is a three year agreement and proposes salary adjustments of 2% for September 24, 2001, 3% for July 1, 2002 and 5% for April 7, 2003. The agreement includes an increase of $50 for uniform allowance, effective July 2003. It also includes an increase of 24 hours to the maximum number of accrued vacation hours an employee may have on the books if earning vacation at the rate of 4 weeks per year, effective January 2002. All issues with this bargaining unit have been resolved and staff is recommending approval of the proposed resolution. HONORABLE MAYOR AND CITY COUNCIL February 9, 2001 Page -2- Item 8e. Resolutions and Aqreements to initiate proposed Assessment District No. 01-1 (Ming at Allen/Mountain Vista Drive/Hampton Place) The City has received the application and petitions to initiate this proposed assessment district. The proposed district has three distinct subareas that are planned for new residential development. It is proposed that the improvements for these areas will be constructed by the developers, with acquisition of the improvements upon completion. The areas are: 1) Ming and Allen located south of Stockdale Highway between Buena Vista and South Allen Roads. The developer is Coleman Homes and includes roadway improvements to River Run Boulevard, together with water lines, curb, gutter, sidewalk, street lights and block wall improvements. 2) Mountain Vista Drive located south of White Lane between Old River and Buena Vista Roads. The developer is Coleman Homes and includes in-tract roadway improvements, together with sewer, curb, gutter, sidewalk, street lights, block walls and landscaping. 3) Hampton Place located west of Allen Road between Palm and Jenkins. The developer is Hampton Place LLC and includes roadway improvements to Allen Road, Palm Avenue and Jenkins Road, together with curb, gutter, sidewalk, water lines, block walls and street lights. Combining the three subareas into a single assessment district reduces the total legal and financing costs. Upon adoption of the resolutions and agreements, the next step is for the assessment engineer to prepare a preliminary Engineer's Report. Staff recommends approval of agreements and adoption of the resolutions. Item 8f. New Job Specification, Reclassification and Change to Salary Schedule. The duties assigned to the Administrative Assistant II in the City Manager's office have increased in complexity and scope over the years. Additional duties have also been assigned, constituting out of classification pay. Therefore, it is recommended that the Administrative Assistant il position in the City Manager's office be reclassified to Supervisor - Office Administration, Communications and Special Projects. In order for the Administrative Assistant II to fulfill the expanded responsibilities, many of the duties associated with that position have been shifted to the Secretary 1 position, also necessitating out of classification pay. Therefore, it is necessary to reclassify the Secretary 1 position to Administrative Assistant I. This item was referred to the Personnel Committee who will be meeting late on Friday, February 9th, which will forward their recommendation to the Council. Staff is recommending adoption of the resolution, approval of the job specification and reclassification of the positions. Aqreements: item 8h. Agreement with the Law Offices of Hanna, Brophv, MacLean, McAleer & Jensen, $40,000 for Workers' Compensation Legal Services. to be [~aid from the Self-Insurance Workers' Compensation Fund. Most of the legal work on workers' compensation cases is handled in-house. The City has continued to retain the law firm of Hanna, Brophy, MacLean, McAleer & Jensen to assist in complex workers' compensation matters, cases with high exposure or conflicts. All of the firms attorneys are very knowledgeable and effective and their rates are extremely reasonable relative to customary attorneys' hourly rates. The fees being paid to this firm are approaching the previous contract limit of $40,000. City staff desires to continue its relationship with Hanna, Brophy and is recommending approval of another contract. Item 8i. Memorandum of Agreement between City of Bakersfield, County of Kern, and Kern Council of Governments (Kern COG), to fund a Metropolitan Bakersfield Transportation Systems Study, with the City's share being $25,000. Kern COG awarded a contract to URS Greiner-Woodward Clyde International Americas, Inc. to perform a transportation systems study for metropolitan Bakersfield. HONORABLE MAYOR AND CITY COUNCIL Februaw 9,2001 Page-3- The proposed system study will incJude SR58/SR99 corridors, including a tie-in to SR178 as part of the Centennial Corridor and system improvements to adjacent local streets. This proposed study will be a joint effort of the City, County and Kern COG with each agency contributing $25,000 each toward the local match funding of the Study. Federal government matching funds will thereafter be provided for the project, but should the federal funds not be provided, the matching funds will be returned to the respective parties. Staff recommends approval of the agreement. Item 8i. Agreement with Wilson & Associates to provide specialized assessment engineering services for various assessment§ districts, not to exceed $79,000. The City currently has nine active Assessment Districts, with a total bond indebtedness of $30,739,898. The Assessment District Acquisition agreements require that the City make payment to the developer within 30 days after receipt of the request. Due to the number of districts and timing of the developers' requests for payment, staff has been unable to process these requests within the required time period. Approval of this agreement will allow the use of a consultant to process some of these requests and allow the City to meet the deadlines imposed by the acquisition agreements. All costs paid under this agreement will be funded with Assessment District bond proceeds. Staff recommends approval of the agreement. Item 8k. Amendment No. 1 to Aqreement with Thyssen Dover Elevator to include maintenance of the elevator located at the City-owned 18~ and Eve Street ParkinQ GaraQe. not to exceed $2.820 annually. This proposed amendment will add the maintenance of the elevator at the 18th and Eye Street Parking Structure to the agreement between the City and Thyssen Dover to service other City elevators. Thyssen Dover currently provide maintenance of the elevator at the 18th and Eye Street Parking Structure under a separate contract. By adding the parking structure elevator to the contract to service other City elevators, Thyssen Dover has agreed to lower the monthly service cost for the parking structure elevator to $235 per month compared to the current $279 per month. Staff recommends approval of the agreement. Item 81. Buena Vista Trunk Sewer Phase II and wideninq of Buena Vista Road from San Joaquin Valley Railroad to White Lane Proiect. This project consists of constructing a new sewer trunkline on Buena Vista Road from White Lane to McCutchen Road, and on McCutchen Road from Buena Vista Road to Gosford Road. Included in the project are the construction of the main sewer trunkline into Wastewater Treatment Plant No. 3 and widening of Buena Vista Road between the San Joaquin Valley railroad tracks and White Lane. Also included are curb, gutter and drainage improvements on private property at 3516 Buena Vista Road, for which the property owner has entered into an agreement with the City to spread the construction costs over three years to be to be added as a special assessment lien and collected on property taxes. Eight bids were received for the project and staff is recommending bid award to Utah Pacific Construction with the lowest bid of $7,840,619. Sufficient funds are budgeted in the current fiscal year for construction of the sewer portion of this project. Additional funds in the amount of $60,000 are needed for the construction of the median and staff is recommending Transportation Development Revenue as the funding source. In addition, $58,104 needs to be appropriated for the improvements at 3516 Buena Vista Road and the funding source is a special assessment lien and staff is recommending adoption of the resolution authorizing the Kern County Tax Collector to collect the construction costs per agreement with the property owner in three equal payments over the next three years. HONORABLE MAYOR AND CITY COUNCIL February 9, 2001 Page -4- Bids: Item 8m. Award annual contract for removinq pavement stripes and markinqs at various locations throuqhout the City to Penhall Comoanv in the amount of $25,000. Four bids were received. Staff compared unit prices to determine the Iow bidder and is recommending award to Penhall Company. Item 8n. Award annual contract for vehicle loop cutting services at various intersections within the City to Loop Electric in the amount of $25,000. Invitations to bid were sent to three local contractors and advertised in the newspaper. One bid was received from the current contract holder. Staff is recommending award to Loop Electric. Item 8o. Bid awards for traffic signal eQuioment to Econolite Controls Products, $118,589.17; Wesco Distribution $85.762.65: U.S. Traffic Corporation $65,113.69; McCain Traffic Su[~plv $51,982.74; Lingo Industrial Electronics $18,642.61; Mil-Lektron $17.660.35; and Traffic Parts Incorporated $1,794.39 for total of $359,545.60. Eleven bids were received. Staff is recommending the award be split among seven bidders: one item to Econolite Controls Products; six item to Wesco Distribution; six items to U.S. Traffic Corporation; three items to McCain Traffic Supply; six items to Lingo Industrial Electronics; three items to Mil-Lektron; and one item to Traffic Parts Incorporated for a total of $359,545.60. Miscellaneous: Item 8p. Easement to Pacific Bell for communication vault at Wastewater Treatment Plant No. 3 adiacent to Taft Hiqhway approximately 600 feet east of Gosford Road. Pacific Bell is upgrading their infrastructure throughout the City and has offered $5,000 to purchase an exclusive easement to construct a communications vault to house fiber-optics equipment. The easement is 20' by 20' located adjacent to Taft Highway approximately 600 feet east of Gosford Road. American Yeast is currently farming this land under a lease with the City and have consented to the easement provided Pacific Bell construct barriers around its facility for protection from farming operations. Public Works staff has reviewed and approved of granting the easement if Pacific Bell agreed to relocate the existing dirt road. Pacific Bell has also agreed it would be responsible for the cost of relocating its facilities if required to do so by a public project. Staff recommends granting the easement. HEARINGS Item 9a. General Plan Amendment requested by Castle & Cooke California, Inc. for 27.91 acres located along the north side of Ming Avenue (extended) and the west side of Buena Vista Road. Castle & Cooke California, Inc. has requested an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from High Medium Density Residential to Low Medium Density Residential on 27.91 acres located along the north side of Ming Avenue (extended) and the west side of Buena Vista Road. The Planning Commission conducted a public hearing on December 18 and 21, 2000, and recommended approval of the Mitigated Negative Declaration and General Plan Amendment. No issues were identified by any public agencies, the general public or staff. Staff is recommending adoption of the resolution approving the Mitigated Negative Declaration and General Plan Amendment. HONORABLE MAYOR AND CITY COUNCIL February 9,2001 Page-5- Item 9b. General Plan Amendment requested by Kyle Carter for 164 acres located north of State Route 178 and east of Alfred Harrell Highway. Kyle Carter Homes is requesting a General Plan Amendment to change the land use designation from Low Medium Density Residential to Low Density Residential on 58 acres and Open Space - Slopes exceeding 30% to Low Density Residential on 106 acres and amend the Circulation Element to designate Paladino Drive, between Alfred Harrell Hwy and State Route 178, from a collector to a local street and realign said designation, and amend the Specific Trails Plan to designate the Class II Trail, between Alfred Harrell Hwy and State Route 178, to a Class III Trail and realign said designation. The project site is 164 acres in size and is located north of State Route 178 and east of Alfred Harrell Highway. The Planning Commission held public hearings on December 18 and 21, 2000. The Planning Commission determined that the following conditions were necessary for future residential development on the project site: 1) submit for approval the design for a gated community; 2) submit for approval the access and interior design for the Class III Bike route in and through the gated community; and 3) maintenance of a density cap up to 1.7 units per acre. Staff recommends adoption of the resolution. Item 9c. General Plan Amendment and zone change requested by the Ridqeview Church of the Nazarene on 4.8 acres located adiacent on the east side of Stine Road, iust south of Hoskinq Avenue. Ridgeview Church of the Nazarene is requesting a General Plan Amendment to change the land use designation from Low Density Residential to Low Medium Density Residential on 4.8 acres and to change the zoning from One Family Dwelling to Limited Multiple Family Dwelling on the same 4.8 acres, located adjacent on the east side of Stine Road, just south of Hosking Avenue. The Planning Commission held public hearings on December 18 and 21, 2000. The Planning Commission recommends approval of the project. Staff is recommending adoption of the resolution and first reading of the ordinance. Item 9d. General Plan Amendment and zone change requested by Home Depot on 27.90 acres generally located between State Route 178, Bernard Street, East Hills Mall and Mr. Vernon Avenue in northeast Bakersfield and appeal of Planninq Commission recommendation. Home Depot has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan on 27.90 acres, located between State Route 178, Bernard Street, East Hills Mall and Mt. Vernon Avenue in northeast Bakersfield. The proposed project is a retail center with Home Depot consisting of 145,000 square feet and other leasable retail uses will consist of 160,000 square feet. The Planning Commission conducted a pubtic hearing on December 21,2000, and recommended approval of the Negative Declaration and General Plan Amendment and disapproval of the zone change. The Commission supports commercial development of the site and recommended that the applicant apply for a PCD zone change in order to address the many issues raised by the public and the Commission. Staff recommends this matter be referred back to the Planning Commission to give more consideration to solving conflicts with adjacent properties and evaluation of the claims that approval might have a detrimental effect on other commercial properties. Because of the Planning Commission's voting to approve the General Plan Amendment but not the zone change, they essentially left all parties unhappy. A more consistent action should be in order. HONORABLE MAYOR AND CITY COUNCIL February 9,2001 Page-6- Item 9e. General Plan Amendment and zone change requested by Floyd Hinesley on 18.77 acres located along the northwest corner of Renfro Road and Stockdale Hiqhway and appeal of Planning Commission Recommendation. (County Jurisdiction) Floyd Hinesley proposes a General Plan amendment and zone change. Project site consists of 18.77 acres located along the northwest corner of Renfro Road and Stockdale Highway. The zone changes requested are R-lA (Resource- Intensive Agriculture to General Commercial and from A (Agriculture) to C-2 (Regional Commercial) The Planning Commission conducted a public hearing on December 21,2000 and many issues were raised during the public hearing. It was generally acknowledged that the corner of Stockdale Highway and Renfro Road is a~ good location for commercial development, but there are many unresolved issues brought by homeowners and traffic concerns. The Planning Commission recommended approval of the Mitigated Negative Declaration and General Plan Amendment and disapproval of the zone change amendment. Staff recommends denying the General Plan Amendment and Zone Change, or alternately, sending the matter back to the Planning Commission for further hearings. The reasons for staff's recommendation are: 1) The applicant, Mr. Hinesley, has not delivered evidence that the property owner agrees with the conditions negotiated by the Planning Commission; 2) Rather than better defining the City's policies and regulations for future development of the site and the immediate area, it creates greater ambiguity; and 3) The approval is based on assumptions that the existing general plan and zoning will not be implemented with respect to nearby property and circulation. Like the item immediately above, the Planning Commission's split on the General Plan Amendment and zone change left all parties unhappy. A more consistent action is in order. Those appealing the Planning Commission's decision include: Ms. Susan Meza, Mr. and Mrs. David Ahrens, Mr. James Murphy and the Del Rio Area Concerned Citizens. Item 9f. General Plan Amendment requested by the City of Bakersfield. (County Jurisdiction) The City of Bakersfield has applied to amend the Land Use, Circulation and Kern River Plan Elements of the Metropolitan Bakersfield 2010 General Plan consisting of several changes to the City's Land Use, Circulation and Kern River Plan Element maps to achieve consistency with the Kern County Board of Supervisors' approved amendments from July, 1996 to September 1999. The amendments are eighteen separate sites located within the County jurisdiction of the Metropolitan Bakersfield 2010 General Plan. The Metropolitan Bakersfield 2010 General Plan was adopted by the City and County in March 1990. Since that time, both the Board of Supervisors and City Council have approved a number of amendments to the Plan's elements. Amendments are periodically necessary in order to retain consistent land use maps between the County of Kern and the City. Staff has determined that this project is exempt from CEQA. These amendments do not have any potential to cause significant environmental impaots. As ail these changes have already occurred, this is a map change only. Environmental reviews were prepared by the County for each specific Land Use Element, Circulation Element and Kern River Plan Element amendment. Staff is recommending adoption of the resolution approving the amendments to the Land Use Element, Circulation Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan. HONORABLE MAYOR AND CITY COUNCIL February 9,2001 Page-7- DEFERRED BUSINESS Item 1 la. Ordinance amending the Municipal Code and Zonin(] Ma~s by chanqinq the zoning from a One-Family Dwelling zone to a Liqht Manufacturinq zone, on approximately 200 acres, located south of Watts Drive. north of East White Lane. between Madison Street and South Union Avenue. Also included is a smatl rectanqular area at the northwest corner of Watts Drive and Madison Street. This proposed ordinance was given first reading at the City Council meeting of January 31, 2001. Staff has received no additional comments and recommends adoption of the ordinance. Item 1 lb. Ordinance amending the Munici[~al Code relatinq to double frontaqe lots along streets which function as maior streets. This proposed ordinance was given first reading at the City Council meeting of January 31,2001. Staff has received no additional comments and recommends adoption of the ordinance. Item 11o. Ordinance amendinq the Municipal Code related to additional uses in the Light Manufacturinq zone specific to the Bakersfield Airpark. This proposed ordinance was given first reading at the City Council meeting of January 31,2001. Staff has received no additional comments and recommends adoption of the ordinance. Item 1 ld. Ordinance amending] Subsection the Municioal Code relatinq to canal fencinq within one quarter mile of a subdivision. This proposed ordinance was given first reading at the City Council meeting of January 31,2001. Staff has received no additional comments and recommends adoption of the ordinance. AT.AC:jp cc: Department Heads City Clerk's Office News Media File ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Workshop ITEM: 2. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Christensen, Assistant City Manager APPROVED DEPARTMENT HEAD ~ February 6, 2001 CITY ATTORNEY CITY MANAGER City Center Update and Stadium Design Presentation (Rossetti & Associates) RECOMMENDATION: BACKGROUND: Representatives from Rossetti & Associates will present stadium concept designs. This item may be carried over to the regular City Council agenda if time does not allow during the workshop. Members of the Redevelopment Agency and the Ad Hoc Committee on City Center have been invited to attend this presentation in the audience. Februar~ 7, 2001,7:57am S:'~AC~Admin Rpts\rossetti workshop 2-14-01.wpd ADMINISTRATIVE JMEETING DATE: February 14, 2001 Honorable Mayor and City Council Bart J. Thiltgen, City Attorney February 2, 2001 TO: FROM: DATE: REPORT AGENDA SECTION: ITEM: 3.a. Closed Session DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED SUBJECT: Public Employee Performance Evaluation - City Attorney Closed session pursuant to subdivision (a) of Government Code section 54947 RECOMMENDATION: BACKGROUND: BJT:laa FE14CA1.CS February 2, 2001, 11:47am ADMINISTRATIVE MEETING DATE: February 14, 2001 REPORT AGEND~ SECTION: Presentations TEM: 5 a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall February 2, 2001 DEPARTMENT H EAD~__ CITY ATTORNEY CITY MANAGER Presentation by Mayor Hall of Recognition Certificates and Award to Bakersfield Police Department Reserve Officers, with introduction by Sergeant Greg Williamson. RECOMMENDATION: BACKGROUND: FebruaPJ 2, 2001, 8:53am ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Presentations ITEM: 5. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall DEPARTMENT HEAD~ February 2, 2001 CITY A'I'TORNEY CITY MANAGER Presentation by Mayor Hall of Proclamation to Ted Wright, President of American Society of Civil Engineers Southern San Joaquin Branch, proclaiming February 18-24, 2001, as"National Engineers Week". RECOMMENDATION: BACKGROUND: Februa~ 2, 2001,9:03am ADMINISTRATIVE REPORT MEETING DATE:February 14, 2001 AGENDA SECTION: Presentations ITEM: ~;.c. TO: Honorable Mayor and City Council APP--ROV.ED FROM: Stan Ford, Director of Recreation and Parks DEPARTMENT HEAD DATE: February 1, 2001 CITY ATTORNEY ~)~--/ CITY MANAGER SUBJECT: Trees for the Millennium Grant Award Presentation of a Check in the Amount of $9,000 for the Purchase of Trees for Public Property. Presentation by Mr. Dave Hillman, CDF/Tulare County Fire Chief. Appropriate $9,000 Grant Award to Recreation and Parks Operating Budget within the General Fund. RECOMMENDATION: Staff recommends acceptance of the check and appropriation of the grant monies. BACKGROUND: In November, 1999, City Council passed Resolution 167-99, approving the application for a grant under the California Trees for the Millennium Initiative. The Department of Recreation and Parks is pleased to announce that the city has been awarded a Trees for the Millennium grant in the amount of $9,000. The grant will fund the purchase of 15-gallon trees for planting on public property. Chief Dave Hillman of CDF/Tulare County Fire will also take the opportunity to publicly recognize the city for its commitment to its urban forest. The Department of Recreation and Parks has already been notified that an additional $15,000 is being awarded for expenditure during the 01/02 Fiscal Year for the planting of even more trees. February 1, 2001, 12:00PM S:~Admins\Pres - TreesMillenniurn.wpd ADMINISTRATIVE REPORT I MEETING DATE: February 14, 2001 I AGENDA SECTION: Consent Calendar I I ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk February 8, 2001 Minutes of the January 31, 2001 regular Council Meeting. DEPARTMENT HEAD CITY ATTORNEY APPROVED N/A CITY MANAGER ~ RECOMMENDATION: BACKGROUND: bz S:\Council\admins~ADMINS\FEB1401 .wpd February 8, 2001, 1:04pm ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 1, 2001 APPROVED DEPARTMENT HEAD/"~:~' ~/~' CITY MANAGER ~ Approval of department payments from January 19, 2001 to February 01, 2001 in the amount of $3,984,207.97 and self insurance payments from January 19, 2001 to February 01, 2001 in the amount of $84,466.69 RECOMMENDATION: Staff recommends approval of payments totaling $4,068,674.66 BACKGROUND: s:~acctpay~adminf~l .wpd klg ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: $. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques R. LaRochelle, Interim Public Works Director February 1, 2001 APPROVED DEPARTMENT HE~ '~ CITY ATTORNEY CITY MANAGER ./~,~ Resolution of Intention No. 1235 to add territory, Area 4-19 (Alfred Harrell, 178) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tracts No. 5656 and 6000 and Parcels 1, 2, 3, 4, 5, 6, 7, 8, 14 and 15 of Parcel Map No. 9900, 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 4-19 (Alfred Harrell, 178), to the Consolidated Maintenance District. Area 4-19 is generally bounded by a line 1 3/4 miles north of Highway 178 on the north, a line 1 mile east of Alfred Harrell Highway on the east, a line 1/4 mile south of Highway 178 on the south, and Alfred Harrell Highway and the west line of Section 10 on the west. This area will be under the park and street landscaping zones of benefit, and when a park has been constructed and street landscaping has been installed, assessed an amount for park tier I and street tier 2. 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 maps. A copy of this covenant is attached for reference. Ivd: mrp February 1,2001, 1:41pm G:~GROUPDAT~,DMINRPT~00 l~Feb 14~nd4-19ri01 .wpd ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: $ .d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Carroll Hayden, Human Resources Manager January 30, 2001 APPROVED DEPARTMENT HEAD CITY A'I'rORNEY CITY MANAGER Resolution approving a Memorandum of Understanding for the employees of the Association of Bakersfield Police Officers for salaries and related benefits, and adopting salary schedule. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution is the result of meetings with the Police bargaining unit regarding the enhancement of their pension benefits to increase from 2% at 50 to 3% at 50, and it adopts the Memorandum of Understanding and sets the salaries and other related benefits for the employees of the Association of Bakersfield Police Officers. All issues with this bargaining unit have been resolved. It is a three year agreement and proposes salary adjustments of 2% for September 24, 2001, 3% for July 1, 2002 and 5% for April 7, 2003. Other key provisions include the following: · An increase of $50 for uniform allowance, effective July, 2003. An increase of 24 hours to the maximum number of accrued vacation hours an employee may have on the books, if earning vacation at the rate of 4 weeks per year, effective January, 2002. Contract amendment to our Public Employers Retirement System (PERS) contract to enhance the pension benefit to 3% at 50, effective December, 2003. As a result of meet and confer sessions conducted within City Council guidelines provided to the City's labor negotiator and agreement on these items by members of the unit, staff is recommending approval of the proposed resolution. ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. e. TO: FROM: DATE: SUBJECT: 2. 3. 4. 5. Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works DirectorDEPARTMENT HEAD" January 29, 2001 CITY ATTORNEY CITY MANAGER Assessment District No. 01-1, (Ming at Allen/Mountain Vista Drive/Hampton Place): Resolution Accepting Petition and Determining to Undertake Special Assessment Proceedings. Resolution Approving Boundary Map. Resolution of Intention No. 1236. Agreement with Orrick, Herrington & Sutcliffe, Bond Counsel, for legal services. Agreement with Cox, Castle & Nicholson, Disclosure Counsel, for legal services. (Ward 4) RECOMMENDATION: Staff recommends adoption of the Resolutions and Agreements. BACKGROUND: The appropriate application and petitions were submitted to staff to initiate this proposed assessment district. The proposed district has three distinct subareas as follows: Minq at Allen. This subarea is located south of Stockdale Highway between Buena Vista Road and South Allen Road and is planned for new residential development. It is proposed that the improvements for this area will be constructed by the developer (Coleman Homes), with acquisition of the improvements upon completion. The improvements include roadway improvements to River Run Boulevard, together with water lines, curb, gutter, sidewalks, street lights and block wall improvements. Mountain Vista Drive. This subarea is located south of White Lane between Old River and Buena Vista Road and is planned for new residential development. It is proposed that the improvements for this subarea will be constructed by the Developer (Coleman Homes), with acquisition of the improvements upon completion. The improvements include, in Tract roadway improvements, together with sewer, curbs, gutters, sidewalk, street lights, block walls and landscaping. Hampton Place. This subarea is located west of Allen Road, between Palm and Jenkins and is planned for new residential development. It is proposed that the improvements for this area will be constructed by the developer (Hampton Place LLC), with acquisition of the February 1, 2001, 11:09AM G:\GROUPDA'F~DMINRP"~2001\Feb14~AD01-1agrmnt.wpd ADMINISTRATIVE REPORT Page 2 improvements upon completion. The improvements include roadway improvements to Allen Road, Palm Avenue and Jenkins Road, together with curb, gutters, sidewalks, water lines, block walls and street lights. The primary motive for combining the three subareas into a single assessment district is to reduce the total costs of legal proceedings and bond financing, passing the savings on to the property owners. It is intended to provide financing for all improvements in a single bond issue. Once the Resolutions and Agreements are adopted, the next step is for the assessment engineer to prepare a Preliminary Engineer's Report. The Boundary Map is on file in the City Clerk's Office. February 1, 2001, 11:09AM G:\GROUPDAT~ADMINRPT~2001\FebI4~AD01 -lagrmnt.wpd ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. t~. TO: FROM: DATE: SUBJECT: 1) 2) 3) Honorable Mayor and City Council Carroll Hayden, Human Resources Manager February 6, 2001 APPROVED DEPARTMENT HEAD /~--__~ CITY A'n'ORN EY ~ CITY MANAGER Subject: New Job Specification, Reclassifications and Change to Salary Schedule Amendment No. 11 to Resolution No. 108-99 setting salaries and related benefits for Officers and Employees of the General Supervisory, Police Supervisory and Management Units and adopting salary schedule and related benefits for Supervisor - Office Administration, Communications and Special Projects New Job Specification: Supervisor-Office Administration, Communications and Special Projects Reclassifications: Administrative Assistant II to Supervisor - Office Administration, Communications and Special Projects; Secretary I to Administrative Assistant I RECOMMENDATION: Staff recommends adoption of the resolution, approval of the new job specification and reclassification of the positions. BACKGROUND: For some years, duties assigned to the Administrative Assistant II, City Manager's Office, have increased in complexity and scope. Additionally, since June, 2000, this position has had additional assignments, some of which would have been given to an Assistant City Manager, were those two positions not taking on acting assignments as Economic and Community Development Director and Risk Manager. This position has been receiving out of classification premium pay since that time. These duties will continue to be a part of this position, as well as the additional responsibilities of coordinating City wide public information efforts, supervising the office support staff, and coordinating the City's reward and recognition program. Therefore, it is recommended that the Administrative Assistant 11, City Manager's Office, be reclassified to Supervisor - Office Administration, Communications and Special Projects and that classification to be placed in the General Supervisory unit. February 6, 2001, 1:13PM S:',ADMINRP%Supervisor-Office Admin, Comm and Special Proj2.wpd ADMINISTRATIVE REPORT Based upon the level of responsibility and the position requirements, we recommend setting the salary to be equivalent to other internal positions with similar requirements, at the level of Assistant City Clerk. In.order that the Administrative Assistant II be able to assume the expanded supervisory role, many of the duties associated with the Administrative Assistant II position have been shifted to Amber Lawrence, Secretary I, City Manager's Office, who has also been receiving out of classification premium pay. With even more complex duties being assigned to the Administrative Assistant II, Ms. Lawrence will need to assume more of that position's assignments on a regular basis. Therefore, it is recommended that Ms. Lawrence be reclassified to reflect the nature of her ongoing, higher level duties, to Administrative Assistant I. The new job specification and reclassifications were approved by the Miscellaneous Civil Service Commission on January 16, 2001. The Personnel Committee will meet on February 9, 2001, and their recommendation will be forwarded to you. SEIU has no concerns with these actions as these are considered confidential employees under the Meyers- Milias-Brown Act. February 6, 2001, 3:45PM S:~ADMINRPT~Supervisor-Office Admin, Cornm and Special Proj2.wpd ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. g. TO: FROM: DATE: SUBJECT: (1) (2) (3) (4) Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director DEPARTMENT HEAD ~.,~ ~ ~ February 1, 2001 CITY ATTORNEY ~ /J CITY MANAGER ~ Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Normal Development Corporation for Tract 5529 Phase 2 located north of Berkshire Road and east of Akers Road. (Ward 7) Final Map and Improvement Agreement with Normal Development Corporation for Tract 5529 Phase 3 located north of Berkshire Road and east of Akers Road. (Ward 7) Final Map and Improvement Agreements with Polo Greens LLC for Tract 5596 Phase located at the northeast corner of Hageman Road and Verdugo Lane. (Ward 4) Final Map and Improvement Agreements with Lifestyle Homes of California for Tract 5980, located at the southeast corner of Pacheco Road and Monitor Street. (Ward 1) RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: These Agreements are entered into to secure the improvements required for Subdivision Maps. Such improvements include, but are not limited to, streets, sewer, storm drain, and landscaping on or adjacent to the property being subdivided. I NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN I THE CITY CLERK'S OFFICE FOR REVIEW. February 1, 2001, 1:39pm G:\GROUPDA'r~OMINRPTL200 l\Feb14LMAPS&IMPAGR.wpd TD ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 IAGENDA SECTION: Consent Calendar ITEM: 8. h. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Bart J. Thiitgen, City Attorney February 6, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER ~ Agreement with the Law Offices of Hanna, Brophy, MacLean, McAieer & Jensen for Workers' Compensation Legal Services in the amount of $40,000 to be paid from the Self-Insurance Workers' Compensation Fund RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Although most of the legal work on workers' compensation cases is handled in-house, the City has continued to retain the law firm of Hanna, Brophy, MacLean, McAleer & Jensen to assist in complex workers' compensation matters. The cases presently handled by Hanna, Brophy are cases with high exposure, conflicts, or are unusually complex. Additionally, Hanna, Brophy provides valuable, immediate advice to the City and its outside administrator on other workers' compensation files when requested. All of the firm's attorneys are very knowledgeable and effective at handling workers' compensation cases. Over the past six years, Hanna, Brophy has represented the City on some of the most difficult and complex workers' compensation cases against the City. The City Attorney's Office estimates Hanna, Brophy has saved the City conservatively over $260,000 in workers' compensation benefit payments in the last year on different cases on which they have rendered advice or which they handled. Hanna, Brophy's rates are extremely reasonable relative to customary attorneys' hourly rates. They currently charge only $135 per hour while one would normally be charged $150-$200 per hour for legal services involving this level of expertise. The local Workers' Compensation Appeals Board customarily awards applicants' attorneys $175 per hour for attorneys' fees. The fees paid by the City to Hanna, Brophy are approaching the previous contract limit of $40,000. The City desires to continue its relationship with Hanna, Brophy, and thus, it is appropriate to have Council approve another contract. AMS S:\COU NCIL~AdminslWC-ATTYK4 CC wpd ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. i. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director February 6, 2001 CITY MANAGER Memorandum of Agreement (MOA) between City of Bakersfield (City), County of Kern (County), and Kern Council of Governments (Kern COG), to fund a Metropolitan Bakersfield Transportation Systems Study, City share of $25,000. (Ail Wards) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Kern COG awarded a contract to URS Greiner-Woodward Clyde International Americas, Inc. (Contractor) to perform a transportation systems study for metropolitan Bakersfield. This proposed study will be a joint effort of the City, County, and Kern COG with each agency contributing $25,000 each toward the local match funding of the Study. Federal government matching funds will thereafter be provided for the Project. Should the federal funds not be provided, the matching funds will be returned to the respective parties. The Study will develop system improvements along the SR58/SR99 corridors, including a tie-in to SR178 as part of the Centennial Corridor, and system improvements to adjacent local streets. The study will also result in Project Study Reports, and include traffic, environmental, social analyses of projects, and an extensive public outreach program. Sufficient funds are budgeted for this agreement. G:~GROUPDAT~ADMIN RPT~001 ~Feb14\SR58-99.178,wpd ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 JAGENDA SECTION: Consent Calendar ITEM: 8. j. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques R. LaRochelle, interim Public Works Director APPROVED DEPARTMENT H~.4~~.~_ February 6, 2001 CITY ATTORNEY ~ CITY MANAGER ~ Agreement with Wilson & Associates (not to exceed $79,000) to provide specialized assessment engineering services for various assessment districts. (All Wards) RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The City currently has 9 active Assessment Districts, with a total bond indebtedness of $30,739,898.00. All of the Assessment District Acquisition agreements with developers' require that the City make payment to the developer within 30 days after the receipt of the request. These acquisition agreements allow for multiple phased payments to the developer. Due to the number of districts and the timing of the developer's requests for payment, staff has been unable to process these requests within the required time period. This agreement will allow the use of a consultant to process some of these requests and meet the deadline imposed by the acquisition agreements. All costs paid under this agreement will be funded with Assessment District bond proceeds. February 6. 2001, 11:05am G:\GROU PDAT~ADMIN RPT~2001\Feb14~acqpaymt1 .wpd REPORT JMEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. k. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L Kunz, Economic Development Director January 22, 2001 APPROVED DEPARTMENT HEAD CITY ATTORNEY (~ CITY MANAGER Amendment No. 1 to Agreement No. 00-9 between the City of Bakersfield and Thyssen Dover Elevator to include maintenance of the elevator located at the city-owned 18t' and Eye Street Parking Garage, not to exceed $2,820 annually. (WARD 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: The purpose of this amendment is to add the maintenance of the elevator located at the 18t' and Eye Street Parking Structure to the agreement between the City of Bakersfield and Thyssen Dover to service other city elevators. The elevator at the parking structure is currently maintained by Thyssen Dover, however it is under a separate contract. By amending the agreement, Thyssen Dover has agreed to lower the monthly service cost for the parking structure elevator to $235.00 per month compared to the current cost of $279.00 per month. When the amended agreement is executed, the existing Hydraulic Full Maintenance Contract for the City Parking Garage, 18th and Eye Street, Bakersfield, California entered into with Tri-County Elevator (now Thyssen Dover) on June 8, 1984, will terminate. OIk:S:~Admins\thyssen Dover elevator agr.wpd January 22, 2001, 9:47AM ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.1. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques La Rochelle, Interim Public Works Director DEPARTMENT HEAD~(~ 2001 CITY ATTORNEY Janua~ 29, CITY MANAGER Buena Vista Trunk Sewer Phase II and Widening of Buena Vista Road from San Joaquin Valley Railroad to White Lane Project (Ward 4): Accept bid to award contract to Utah Pacific Construction (Base Bid - $7,782,515 and Additive Alternate No. 2 - $58,104) for the construction of Buena Vista Trunk Sewer Phase I1, from White Lane to Gesford Road and the Widening of Buena Vista Road from San Joaquin Valley Railroad to White Lane. Agreement with property owner to pay construction costs for curb, gutter and drainage improvements in installments and notice of special assessment lien. Resolution confirming assessment for curb, gutter and drainage improvements construction costs and authorizing the collection of assessments by the Kern County Tax Collector. ,Appropriate $60,000 fund balance for the median improvements and $58,104 Special Assessment Lien for the reimbursable improvements on private property to the Capital Improvement Budget within the Transportation Development and Gas Tax Funds respectively. RECOMMENDATION: Staff recommends acceptance of Iow bid and award of contract, approval of agreement, adoption of Resolution, and approval of appropriations. BACKGROUND: This project consists of constructing a new sewer trunkline on Buena Vista Road from White Lane to McCutchen Road, and on McCutchen Road from Buena Vista Road to Gosford Road. Included in the project are the construction of a sewer lift station on the northwest corner of McCutchen Road and Gosford Road and the reconstruction of the main sewer trunkline into the Wastewater Treatment Plant No. 3, between McCutchen Road and the Plant Headworks. In addition, Buena Vista Road will be widened between the San Joaquin Valley railroad tracks and White Lane. Additive Alternate No. 2, consisting of curb, gutter and drainage improvements on private property will be constructed as part of the project and will be paid for by the property owner. To assist in paying for the February 2, 2001, 8:31AM G:~GROUPDAT~DMINRPT~2001~'=eb14~bvswrc&gadm.wpd ADMINISTRATIVE REPORT Page 2 construction costs for these improvements, the property owner at 3516 Buena Vista Road has entered into an agreement with the City to spread the construction costs over a three (3) year period, interest free, to be collected with his property taxes in accordance with Municipal Code Section 14.12.390.B. Currently, Section 14.12.390.B provides that interest on the unpaid balance also be charged. However, staff believes that charging interest defeats the purpose of the ordinance (to provide low and moderate income property owners an economically feasible way to construct curb, gutter and sidewalk and improve their property). Historically, interest has not been charged. The Resolution authorizes the Kern County Tax Collector to collect the construction costs in three equal payments over the next three years. Additive Alternate NO. 1 (rehabilitation of main sewer trunkline into Treatment Plant 3) was deleted. Based upon further evaluation, reconstruction of this line was necessary and thus was added to the base bid. Additive Alternate No. 3, was for similar street and drainage improvements along the frontage of another property owner who, after bids were received, elected to not construct these improvements at this time. Sufficient funds are budgeted in the current fiscal year for construction of the sewer portion of this project. Additional funds in the amount of $60,000 are needed for the construction of the median, for which staff recommends Transportation Development Revenue as the funding source. In addition, the $58,104 also needs to be appropriated for Additive Alternate no. 2, for which the funding source is a special assessment lien. On January 18, 2001 eight (8) bids were received as follows: Utah Pacific Construction 40940 Eleanora Way Murrieta, CA 95256 In the amount of Base Bid (Basis of Award) $7,782,515.00 Base Bid plus Add. Alt. No.2 $7,840,619.00 Vadnais Corporation 9164 Rehco Road San Diego, CA 92121 In the amount of $8,011,037.00 $8,070,197.00 Ford Construction Co. 639 E. Lockford Street Lodi, CA 95240 In the amount of $8,942,318.00 $9,002,133.00 Colich and Sons 547 West 140"' Street Gardena, CA 90248 In the amount of $9,054,033.00 $9,125,274.00 Mauldin-Dorfmeier Construction 3240 N. Millbrook Fresno, CA 93726 In the amount of $9,207,036.50 $9,266,705.50 Griffith Company Cnm February 2, 2001, 8:31AM GAGROUPDAT~,DMINRPT~200 l~Feb 14~bvswrc&gadm,wpd ADMINISTRATIVE REPORT 1898 South Union Avenue Bakersfield, CA 93307 Floyd Johnston Construction 6373 N. De Wolf Clovis, CA 93611 Valverde Construction 10936 Shoemaker Avenue Santa Fe Springs, CA 90670 In the amount of In the amount of In the amount of $9,402,461.00 $9,741,372.00 $10,738,317.00 $9,454,913.00 $9,803,637.00 $10,798,217.00 Cnm February 2, 2001, 8:31AM G:\GROUPDAT~ADMINRPT~200 l~Feb 14~bvswrc&gadm.wpd ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.m. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 1, 2001 APPROVED DEPARTMENT HEAD.,,'~ CITY ATTORNEY CITY MANAGER Accept bid to award annual contract to Penhall Company, not to exceed the budgeted amount of $25,000, to remove pavement stripes and markings at various locations throughout the city. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract allows for the removal of pavement stripes and markings as needed throughout the year. Invitations to bid were sent to six (6) vendors. Four (4) bids were received. Departments estimate the amount of pavement work that may be required for the upcoming year. Actual repair is not known until the need arises due to street widening, asphalt replacement, etc. The unit prices of four (4) bidders were compared to determine the Iow bidder, and the lowest prices were offered by Penhall Company. P:~ADMIN~001ADMIN\C01_02140.wpd GJK:DW:Ijm February 1, 2001,4:34pm ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. n. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 1, 2001 APPROVED DEPARTMENT H EAD.,,~ CITY ATTORNEY ~'/~-'~. CITY MANAGER Accept bid to award annual contract to Loop Electric, not to exceed the budgeted amount of $25,000, for vehicle loop cutting services at various intersections within the City. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This contract is used by Traffic Engineering Division when work is required on City streets. Invitations to bid were sent to three (3) local contractors and advertised in the newspaper. One (1) bid, from the current contract holder, was received. Staff recommends award as follows: Loop Electric 1516 East 19th Street Bakersfield, CA 93308 (City) in the amount of $25,000.00 P:~ADMIN~.001ADMIN\C01_0214C.wpd GJK:DW:Ijm February 1, 2001, 4:43prn ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. o. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 1, 2001 APPROVED DEPARTMENTHEAD~/,.~~-- CI A OR.E¥ CITY MANAGER Accept bids from Econolite Control Products $118,589.17, Wesco Distribution $85,762.65, U.S. Traffic Corporation $65,113.69, McCain Traffic Supply $51,982.74, Lingo Industrial Electronics $18,642.61, MiI-Lektron $17,660.35, and Traffic Parts Incorporated $1,794.39 for traffic signal equipment. Total $359,545.60. RECOMMENDATION: Staff recommends acceptance of bids. BACKGROUND: Invitations to bid were sent to sixteen (16) vendors. Eleven (11) bids were received. Staff requests the award be split, as follows: Econolite Control Products 3360 East La Palma Avenue Anaheim, CA 92806 item ~n the amount of $118,589.17 Wesco Distribution 3233 Rio Mirada Drive Bakersfield, CA 93302 items (City) in the amount of $85,762.65 U.S. Traffic Corporation 9603 John Street Santa Fe Springs, CA 90670 items in the amount of $65,113.69 McCain Traffic Supply 2575 Pioneer Avenue Vista, CA 92083 3 items in the amount of $51,982.74 Lingo Industrial Electronics 300 ~ West Sierra Madre Sierra Madre, CA 91024 6 items in the amount of $18,642.61 MiI-Lektron 40713 North 16th Street West Palmdale, CA 93551 3 items in the amount of $17,660.35 Traffic Parts, Incorporated P.O. Box 847 Spring, TX 77383 P:~ADMIN~001ADMIN\C01_0214A.wpd GJK:DW:Ijm February 1, 2001, 3:59pm 1 item in the amount of $1,794.39 ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. p. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 8, 2001 APPROVI~O DEPARTM£NT HEAD CITY MANAGER Easement to Pacific Bell for $5,000 for a communication vault at Wastewater Treatment Plant No. 3 adjacent to Taft Highway approximately 600 feet east of Gosford Road. (Ward 6) RECOMMENDATION: Staff recommends approval of consent to recordation of easement. BACKGROUND: Pacific Bell is upgrading their infrastructure throughout the greater Bakersfield area. To facilitate this Pacific Bell has offered $5,000 to purchase an exclusive easement to construct a communications vault to house its fiber-optics equipment. The easement comprises a 20 x 20 foot area and is located adjacent to Taft Highway approximately 600 feet east of Gosford Road. American Yeast is currently farming this land under a lease with the City. They have consented to the easement provided Pacific Bell agrees to construct barriers around its facilities to protect them from their farming operations. Public Works has reviewed and approved Pacific Bell's request provided it agrees to relocate the existing dirt read located on the property. Further, Pacific Bell has agreed it would be responsible for the cost of relocating its facilities if required to do so by a public project. DMNs February 8, 2001, 11:00AM ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Public Hearing ITEM: 9. a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 22, 2001 General Plan Amendment P00-0468 (Ward 4) APPROVED CITY MANAGER ~ Castle & Cooke California, Inc. has requested an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from High Medium Density Residential to Low Medium Density Residential on 27.91 acres located along the north side of Ming Avenue (extended) and the west side of Buena Vista Road. RECOMMENDATION: Staff recommends adoption of resolution approving the Mitigated Negative Declaration and General Plan Amendment. BACKGROUND: The Planning Commission conducted a public hearing on December 18 and 21, 2000, and recommended approval of the Mitigated Negative Declaration and General Plan Amendment. No issues of contention were raised by the general public, staff or other agencies. The applicant simply did not want to build as many dwelling units as the existing General Plan requires (HMR = at least 7.26 du/acre). General Plan Amendment/Zone Change P96-0589 (639.37 acres), of which the subject site is a part, designated the eastern portion of the subject site as HMR and the western portion as LMR. General Plan Amendment P98-0729 amended the western portion of the site to HMR. An EIR was certified for General Plan Amendment/Zone Change P96-0589. Where applicable, mitigation measures from GPNZC P96-0569 are included in the resolution approving GPA P00-0466. Issues addressed by the EIR include the following: land use and relevant planning, agriculture, public health and safety, aesthetics/light and glare, traffic and circulation, noise, air quality, biological resources, cultural resources, and public services and utilities. Applicant proposes to develop the subject site to a density similar to the density allowed on the adjacent LMP,/R-2 site. Subject site is zoned R-2. This zoning is consistent with the requested LMR land use designation. The LMR land use designation and R-2 zoning would allow single-family residences and/or multiple-family residences. The proposed project acreage plus the acreage of the existing and adjacent LMR and R-2 equates to 52.40 acres of LMP,/R-2. February 7, 2001, 9:28AM (red~admin\feb~2-14-0468) ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Public Hearings ITEM: 9. b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 26, 2001 ~_-~PPR,GVED DEPARTMENT HE~.? clw A ro., CITY MANAGER General Plan Amendment No. P00-0660 (Ward 3) Kyle Carter Homes is requesting a General Plan Amendment from Low Medium Density Residential to Low Density Residential on 58 acres and Open Space to Low Density Residential on 106 acres as shown in Exhibit A, amend the Circulation Element to designate Paladino Drive to a local street and amend the Specific Trails Plan to designate a Class III trail. The project site is 164 acres in size and is located north of State Route 178 and east of Alfred Harrell Highway. Resolution adopting the Negative Declaration and approving the: Amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from LR (Low Density Residential) to LMR (Low Medium Density Residential) on 58 acres and OS-S (Open Space - Slopes Exceeding 30%) to LR (Low Density Residential) on 106 acres as shown in Exhibit A; and Amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan in designating Paladino Drive, between State Route 178 and Alfred Harrell Highway, from a Collector to a Local Street and realigning said designation as shown in Exhibit B; and Amendment to the Specific Trails Plan in designating the Class II Trail, between State Route 178 and Alfred Harrell Highway, to a Class III Trail and realigning said designation as shown in Exhibit B; and RECOMMENDATION: Staff recommends adoption of the Resolution. FebruaPJ 7, 2001, 10:17AM ADMINISTRATIVE REPORT Page 2 BACKGROUND: The Planning Commission held public hearings for GPA P00-0660 on December 18, 2000 and December 21, 2000. The applicant, Kyle Carter, reported to the Planning Commission that the subject site and adjoining property, totaling 220 acres, would be developed as a gated community with a density of 1.67 units per acre. Mr. Carter indicated that the purpose for amending the Land Use Plan, Circulation Plan, and Specific Trails Plan is to facilitate developing the site as a gated community. Upon considering the potential densities allowed under the LR land use designation and the amendment of Paladino Drive from a Collector to a Local Street, the Planning Commission determined that the following conditions were necessary for future residential development on the project site: 1) submit for approval the design for a gated community, 2) submit for approval the access and interior design for the Class III Bike Route in and through the gated community, and 3) maintenance of a density cap up to 1.7 units per acre. The information required would be submitted in conjunction with any future tentative subdivision map application. The applicant also reported that a private park may be developed on the water tank site, which is at the highest elevation on the project site, for utilization by both residents of the gated community and public. The Planning Commission determined that the design for access to the park required review and included the item as a condition of approval. However, the Planning Commission did not consider or adopt any condition requiring development of the water tank site as a private or public park. The conceptual design of the gated community is included in Exhibit B to illustrate the rationale for the proposed alignment of the Local Street and Class III Trail. The existing zoning for the project site and surrounding area is illustrated in Exhibit D. The Planning Commission approved the project, as conditioned, for recommendation to the City Council. Staff is recommending that the City Council approve GPA P00-0660 as recommended by the Planning Commission. WC (admin\feb~-14-0660) February 7, 2001, 10:17AM ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Public Hearings ITEM: 9. c. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 23, 2001 APPROVED DEPARTMENT HE~ General Plan Amendment and Zone Chanqe No. P00-0691 (Ward 6) Ridgeview Church of the Nazarene is requesting a General Plan Amendment to change the land use designation from LR (Low Density Residential) to LMR (Low Medium Density Residential) on 4.8 acres and to change the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on the same 4.8 acres. The project site is located adjacent on the east side of Stine Road, just south of Hosking Avenue. Resolution adopting the Negative Declaration and approving the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from LR (Low Density Residential) to LMR (Low Medium Density Residential). An Ordinance amending Title 17 of the Municipal Code and Zoning Map No. 123-35 from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling). RECOMMENDATION: Staff recommends adoption of the Resolution and first reading of the Ordinance. BACKGROUND: The Ridgeview Church of the Nazarene is proposing to provide housing for members of the congregation and public. The Planning Commission held public hearings for GPNZC P00-0691 on December 18, 2000 and December 21, 2000. The Planning Commission approved the project for recommendation to the City Council. Staff is recommending that the City Council approve GPA/ZC P00-0691 as recommended by the Planning Commission. No issues were raised by the general public, staff or any other public agency. WC (admin\feb~2-14-0691) January 23, 2001, 10:15AM ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Public Hearings ITEM: 9 .d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 23, 2001 APPROVr~ DEPARTMENT HEA~ CITY ATTORNEy ~ CITY MANAGER ~r/ General Plan Amendment/Zone Chan,qe P00-0744 and appeal of P annin,q Commission Recommendation. (Ward 3) Home Depot has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and zoning on 27.90 acres generally between State Route-178, Bernard Street, East Hills Mall and Mt. Vernon Avenue in northeast Bakersfield. Resolution adopting the General Plan Amendment to change the land use designation from HMR (High Medium Density Residential) to GC (General Commercial). Resolution upholding the Planning Commission and denying the amendment of Title 17 of the Municipal Code and Zone Map No. 103-22 from R-1 (One-Family Dwelling) and R-3 (Limited Multiple-Family Dwelling) to C-2 (Regional Commercial). RECOMMENDATION: Staff recommends this matter be referred back to the Planning Commission. BACKGROUND: Staff is recommending this case be referred back to the Planning Commission to give more consideration to resolving conflicts with adjacent properties and evaluation of the claims that approval might have a detrimental effect on other commercial properties. The Planning Commission conducted a public hearing on December 21, 2000, and recommended approval of the Negative Declaration and General Plan Amendment and disapproval of the zone change. The commission supports commercial development of the site but not under the C-2 regulations. Instead the Commission recommended that the applicant apply for a PCD zone change in order to address the many issues raised by the public and the Commission. Staff recommended that the Planning Commission approve the C-2 zoning. February 8, 2001, 8:40AM P. ED (admi~/fcb/~-]4-0744) ADMINISTRATIVE REPORT Page 2 There am two appeals on this case. The first appeal was by the developer, filed with the City Clerk on December 28, 2000 by Lars Anderson & Associates, Inc., the developer's consultant. The developer's appeal, if approved, would rezone the site to straight C-2 zoning and would provide for any allowed C-2 land use on the subject site provided all City development ordinances are followed. Denial of the appeal would require developer to obtain a PCD zone prior to development. The PCD zone would require a site plan showing on and off site improvements, including but not limited to the following: building height, setbacks, color scheme, building materials, on-site cimulation, circulation improvements, landscaping and building location. Developer's appeal justification is as follows: "... applicant believes the C-2 zoning is the best use for the property and we are in concurrence with the Staff Report and justification for the said C-2 Zoning." The second appeal was filed by the "College Center Parking Association" on December 29, 2000. Approval of the "association's" appeal would mean that the site's existing HMR General Plan designation and the R-1 and R-3 zoning would not be amended. This designation and zoning would limited on-site development to one-family dwellings and limited multiple-family dwellings. Non- commercial development of this site may benefit other commemial land uses in northeast Bakemfield by directing new commercial tenants to muse or redevelop existing vacant commercial property already zoned for that purpose and by providing additional clientele housing. This "association" is located along Columbus Street and Haley Street. Appeal justification is as follows: Traffic and circulation impacts to pedestrians, bicyclist and vehicular traffic. Conflicts with the general plan and zoning. Increased noise levels in the surrounding neighborhood. Out strip capacity of city infrastructure: roads, traffic lights and freeway ramp. Negative impact on adjacent parcels, the regional mall and numerous C-2 developed properties. Reduces the amount of land available for single and multiple-family housing. Reverse condemnation of the College Center Shopping Center and other northeast properties. Negative impact on the local environment. Project site is undeveloped and consists of 27.90 acres. The proposed project is a retail center with a total gross leasable square footage of 305,000 square feet. Home Depot will consist of 145,000 square feet and other retail uses will consist of 160,00 square feet. Urban uses (churches, commercial, multiple-family, nursing home, school and roadways) surround the site. Subject site is located adjacent to the East Hills Mall west parking lot and the Walmart\Vons, shopping complex. The western most access road to the East Hills complex separates the subject site from the Walmart\Vons center. Along the west side of this access road, a grade difference ranging from approximately five to fifteen feet separates the subject site from the access road while along the East Hills Mall west parking lot the grade separation ranges from approximately no grade difference to approximately five feet. Subject site is part of the Oswell No. 5 Annexation (1966) consisting of 310 acres. Subject site's HMR land use designation and R-1 and R-3 zoning districts were in place prior to the adoption of the Metropolitan Bakersfield 2010 General Plan in 1990. There has been interest in developing this property to commercial dating back to the original development of the East Hills Mall. February 8, 2001, 8:40AM KED (admirdfeb/2-14-0744) ADMINISTRATIVE REPORT Page 3 O All property between State Route-178, Bernard Street, Oswell Street and the west boundary of the East Hills shopping complex is presently zoned PCD. The following issues were raised during the public hearing. A few people were concerned about the proposal and made the following comments. Traffic to East Hills Mall is routed along Mt. Vernon Avenue or Oswell Street. Mt. Vernon Avenue traffic must use Bernard Street and this traffic goes by Heritage Bible Academy. (NOTE: access to Heritage Bible Academy is from Bernard Street). Early morning traffic to Home Depot may interfere with traffic taking students to Heritage Bible Academy. Mall View Road should be extended to Mt. Vernon Avenue, thus diverting some traffic from Bernard Street. Widen the Mt. Vernon off ramp to three lanes. Widen Bernard Street to accommodate the increase in traffic. Right turn lane into Heritage Bible Academy presents problem now. An additional off ramp from State Route-178 taking traffic into the East Hills Mall and Fashion Plaza would appear to be needed. The above comments were made by Mr. James Rumel who does not oppose the project but thinks that care should be given to alleviate traffic impacts. A representative of the applicant responded to the concerns expressed above and made the following points. Requiring dual left turn lanes, 200 feet in length, along Mt. Vernon Avenue into the project site at existing intersection which will relieve traffic impact to Bernard Street, provided access to both the proposed shopping center and the mall. This center will benefit the mall because it is not a competing business. A free left turn lane all the way down Bernard Street without a median should help access to adjoining property. The AM PM peak hours of a home improvement store are actually from 10:00 to 2:00 versus the standard patterns of commercial traffic. This project will be an off-peak traffic generator which will benefit the highway, local street and intersection traffic congestion in the area. Caltrans has completed a project study report and will be going into a design and improvement process for the Mt. Vernon Avenue off ramp. Access to the church will remain as it is today. The Planning Commission expressed the desire for a PCD plan on this parcel in order to address the following points. Big box stores will create additional traffic, and traffic is a concern. Project site concerns - access, internal traffic circulation, landscaping, deliveries, loading docks and placement of buildings. Connecting project site private access roads to the private access roads of the East Hills Mall/ Walmart - Vons complex will require permission of adjacent property owners. February 8, 2001, 8:40AM RED (admin/feb/2-14-0744) ADMINISTRATIVE REPORT Page 4 O e Existing traffic gridlock on State Route-178, Mt. Vernon Avenue and Bernard Street. The potential need for an off-ramp out of the mall onto State Route-178. Applicant does not know where traffic signals will be located and does not know the stacking capacity of left and right turn lanes. Mt. Vernon Avenue and Bernard Street lane stacking capacity should be at least 15 cars. Widening the Mt. Vernon Avenue off-ramp appears necessary to handle additional traffic.. How do you get four lanes onto a 30 foot wide internal circulation roads (as proposed by the applicant)? Frontage road leading to church located north of site appears inadequate for internal circulation. Would property to the north be landlocked? Impacts to school, apartments, church and residents in general area from increased commercial development. Noise and light impacts on adjoining properties. Northeast corner of Mt. Vernon Avenue and Bernard Street is zoned C-2 and planned to be a commemial shopping center creating additional commercial in the area. Will site be a rolling hills development or will it be level? May be creating a situation of blight for other commercial center in the area. Project site should be developed as a PCD zone to addressed the many issues raised. (ad min~oct\10-25-6008) February 8, 2001, 8:40AM RED (admin/reb/2-14-0744) ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Public Hearings ITEM: 9. e. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 22, 2001 APPROVED DEPARTMENT H~,~ CITY MANAGER ~ General Plan Amendment/Zone Chanqe P00-0756 and appeal of Planning Commission Recommendation. (County Jurisdiction) Floyd Hinesley proposes a General Plan Amendment and Zone Change fro.m agricultural to commercial. Project site consists of 18.77 acres located along the northwest corner of Renfro Road and Stockdale Highway. Resolution upholding the appeal and denying the General Plan Amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) to GC (General Commercial). Resolution upholding the Planning Commission and denying the amendment of Title 17 of the Municipal Code and Zone Map No. 101-34 from A (Agriculture) to C-2 (Regional Commercial). RECOMMENDATION: Staff recommends adoption of Resolutions denying the General Plan Amendment and Zone Change. BACKGROUND: The Planning Commission conducted a public hearing on December 21, 2000, at which time the Commission recommended approval of the Mitigated Negative Declaration and General Plan Amendment and disapproval of the Zone Change Amendment. In this case, staff's recommendation is to deny the change because: The applicant has not delivered evidence that the current land owner agrees with the conditions negotiated in the Planning Commission hearing. The Planning Commission conditioned it's approval on the applicant's permission of the owner prior to the hearing before the City Council, Rather than better defining the City's policies and regulations for future development of the subject site and immediate area, it creates greater ambiguity. February 7, 2001, 1:30PM ADMINISTRATIVE REPORT Pa.e 2 The approval is based on assumptions that the existing general plan and zoning will not be implemented with respect to nearby property and circulation. This is inconsistent with requirements that the general plan be respected and followed in making decisions about the future of our city. The following issues were raised during the public hearing. Applicant/Proponents Provides commercial development for futura growth. Applicant will accept a PCD. Applicant willing to work with neighbors to mitigate potential impacts. Benefits of reduced traffic and emissions due to proximity of residences. Existing C-1 zoning along the northwest corner of the Kern River Specific Plan Line and Renfro Road is no longer a viable location because no interchange is planned at Renfro Road. Existing C-1 zoning is at mid-block location. Commercial zoning at an improved intersection of two arterials is feasible. General plan policies encourage commercial development close to rasidential development. Not always possible to maintain a one-half mile separation between commercial locations. City has not officially adopted the Rosedale Specific Plan, but recognizes its adoption by the County for purposes of CEQA. City has identified the need for commercial in this area. Recommended that Planning Commission initiate down zoning of existing C-1 zoning at mid- block location on Stockdale Highway. Opponents/Nearby Homeowners Homes have been and still can be located along arterials. Block wall along subject site's north property line will create a safety problem for police and fire. Inadequate police service. No public transportation. Renfro Road may not be bridged across the river. It is not the Commission's nor Staff's obligation to insure a profit for Mr. Hinesley. There is already 32 acres of commercial property vacant at this intersection. Why do we need 50+ acres? Planninq Commission Subject site is best location for commercial development. Fifty+ acres of commercial is too much for this area (subject site - 18.77 acres, C-1 site - 13.23 acres and Rosedale Specific Plan site south side of Stockdale Highway - 20 acres). Development of 50 + acres of commercial may requira an EIR. Unwilling to initiate down zoning of contiguous C-1 property to something other than commercial. They would be willing to approve future commercial development of the property if the other commercial doesn't develop. February 7, 2001, 1:30PM ADMINISTRATIVE REPORT Page 3 No evidence in the record to deny the Negative Declaration. Kern River Freeway might be built as a local freeway without at grade separations and traffic signals. Conditioning the future zone change that the adjacent C-1 site be down zoned or developed other than commercial and the subject site be zoned PCD. Approval of the current property owner of the conditioned general plan amendment would need to be secured by the applicant before the City Council's hearing. A project generating more traffic than the mini-mart and mini storage facility would require an updated traffic study. There exists 32 acres of vacant commercial designated property in the immediate area. The need for additional commercial land is not supportable (see Planning Commission mitigation no.1). Appeals by Ms. Susan Meza and Mr. and Mrs. David Ahrens were filed with the City Clerk on January 2, 2001. No reason was given for these appeals. Although a letter in support of the appeal was filed by Del Rio Area Concerned Citizens. An appeal was filed on December 29, 2000 by Young Woolridge on behalf of their client Mr. James T. Murphy who objects to the Planning Commission's "finding" and "condition" necessitating rezoning of the C-1 site for- or developed with other than retail commercial prior to consideration of rezoning the subject site to allow commercial uses. Subject site is presently under County jurisdiction and is located within the boundaries of the Western Rosedale Specific Plan. The County's plan designates the site as SR (Suburban Residential, less than or equal to 4 units per net acre). The City has not officially adopted the Western Rosedale Specific Plan because of it's extensive urbanization beyond urban services. Site is undeveloped and was previously used for agricultural production. Applicant has filed for annexation into the City. RED (admin\feb~2* 14-0756) February 7, 2001, 1:30PM ADMINISTRATIVE REPORT IMEETING DATE: February 14, 2001 AGENDA SECTION: Public Hearing ITEM: 9. f. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning January 22, 2001 APPROVED DEPARTMENT HE~ CITY MANAGER ~ SUBJECT: General Plan Amendment P00-0796 (County Jurisdiction) City of Bakersfield has applied to amend the Land Use, Circulation and Kern River Plan Elements of the Metropolitan Bakersfield 2010 General Plan consisting of several changes to the City's Land Use, Circulation and Kern River Plan Element maps to achieve consistency with the Kern County Board of Supervisors' approved amendments from July,1996 to September, 1999. These amendments are eighteen separate sites located within the County jurisdiction of the Metropolitan Bakersfield 2010 General Plan. RECOMMENDATION: Staff recommends adoption of resolution approving the amendments to the Land Use Element, Circulation Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan. BACKGROUND: The Metropolitan Bakersfield 2010 General Plan was adopted by the City and County in March, 1990. Since that time, both the Board of Supervisors and City Council have approved a number of amendments to the Plan's elements (Text and Maps). A series of consistency amendments has been considered by the City since 1990, and are periodically necessary in order to retain consistent land use maps between the County of Kern and the City of Bakersfield. The General Plan Amendment is a formal acknowledgment of various County Board of Supervisors approved amendments to the 2010 Plan's Land Use Element and Circulation Element maps from July, 1996 to September, 1999. These land use designation changes are located at eighteen sites under County jurisdiction and within the Metropolitan Bakersfield 2010 General Plan. Amendments include seventeen changes to the Land Use Element, one change to Circulation Element and one change to Kern River Plan Element. January 22, 2001, 1:44PM ADMINISTRATIVE REPORT Page 2 Staff has determined that this project is exempt from CEQA. Proposed amendments achieve consistency with the County's previously approved amendments to the County Land Use and Circulation Element maps. These amendments do not have any potential to cause significant environmental impacts. As all these changes have already occurred, this is a map change only. A Notice of Exemption has been completed for the project. Environmental reviews were prepared by the County for each specific Land Use Element, Circulation Element and Kern River Plan Element amendment. RED (admin\feb~2-14-0796) January 22, 2001, 1:44PM ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Deferred Business ITEM: !~..a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 22, 2001 APPRI;)VED DEPARTMENT HEA~ CITY MANAGER //~ An Ordinance amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map Numbers 124-08 AND 124-17 by changing the zoning from an R-1 (One-Family Dwelling) zone to an M-1 (Light Manufacturing Zone) on approximately 200 acres generally located south of Watts Drive, north of East White Lane, between Madison Street and South Union Avenue. Also included is a small rectangular area at the northwest corner of Watts Drive and Madison Street (ZC P00-835). (Ward 1) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of the ordinance on January 31, 2001. On January 4, 2001, the Planning Commission adopted a resolution recommending approval of the zone change request made by the City of Bakersfield. The request is the change the zoning from R-1 (One Family Dwelling Zone) to M-1 (Light Manufacturing Zone) on approximately 200 acres. The purpose of the zone change is to allow continued use and future development of the site with airpark industrial/commercial uses. The City of Bakersfield is requesting this zone change because it was the intent of City Staff to change site zoning to an industrial zone when the Casa Loma Specific Plan was rescinded (November 3, 1999), but a mapping error identified the site a R-1 instead. The action before you will provide appropriate zoning to the site as originally intended. It is anticipated that the site will continue to be used as an airpark with related industrial and commercial uses consistent with the site's proposed M-1 zoning. As new development is proposed at the airpark, site plan review will be required, which will ensure development that is compatible with the existing uses and surrounding uses. This zone change shall be adopted by map (see attached zone maps 124-08 and 124-17). January 22, 2001, 11:53AM ADMINISTRATIVE REPORT Page 2 The request is consistent with the LI (Light Industrial) and PT (Public Transportation Corridor) Land Use designation of the Metropolitan Bakersfield 2010 General Plan. No one spoke in favor or opposition of the zone change request during the Planning Commission hearing. Potential impacts of the Bakersfield Airpark operations have previously been examined in the following documents: 2. 3. 4. The Bakersfield Airpark Master Plan Study, 1980 The Bakersfield Airpark Land Use Plan EIR, 1980 The Casa Loma Specific Plan EIR, 1985 The Bakersfield Airpark Master Plan Updated EIR, 1988 All required public notices have been given. Pursuant to California Environmental Quality Act Guidelines Section 15061 (b)(3) General Rule, the project is exempt from the provisions of CEQA and no further environmental documentation is necessary. JS (admin\feb~2-14-0835) January 22, 2001, 11:53AM ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Deferred Business ITEM: !!.b. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 22, 2001 CITY MANAGER An ordinance amending subsection H. of Section 6.28.170 of Title 16 of the Bakersfield Municipal Code relating to double frontage lots along streets which function as major streets. (All Wards) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of the ordinance on January 31, 2001. Proposed ordinance changes allow more flexibility to approve double frontage lots on major streets within a subdivision. Such lots are required to be separated by a 6' solid masonry wall along the major streets and have access to the interior local street. At the December 21, 2000 Planning Commission meeting, the Planning Commission recommended approval of the proposed ordinance amendment to City Council. No one spoke in opposition. At the November 16, 2000 Planning Commission meeting, the Commission reviewed and approved two subdivisions which proposed double frontage lots on local streets. The Planning Commission found that the double frontage lots were acceptable because the local streets in question functioned as major streets. Other subdivisions have been approved under similar circumstances (for example - Tract 5430 off of Grand Lakes Drive). At the November 16th meeting, the Planning Commission asked staff to propose wording to clarify Section 16.28.170 H of the Bakersfield Municipal Code and allow flexibility to address this type of situation where local streets function as major streets. Under the proposed wording, the Planning Commission would still have to find that the proposed double frontage lots are reasonable due to controlling factors such as traffic, safety, appearance and setback. Staff would provide evidence in support or opposition to this finding through examination of individual subdivision applications. January 22, 2001, 11:45AM ADMINISTRATIVE REPORT Page 2 Prior to the Planning Commission hearing, the BIA and engineering firms were given notice of the proposed ordinance amendment. No one was has expressed opposition to this proposal. Proposed ordinance changes are exempt from the California Environmental Quality Act (CEQA). JM (admin\feb~2-14-dfl) January 22, 2001, 11:45AM ADMINISTRATIVE REPORT MEETING DATE: February 14, 2001 AGENDA SECTION: Deferred Business ITEM: ].]..c. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning January 22, 2001 ~,-~ ,~/~PROVED DEPARTMENT~ /, ~[.. CITY MANAGER ~_./' SUBJECT: An Ordinance Amending Title Seventeen, Section 17.28.020 of the Bakersfield Municipal Code adding Subsection D. related to additional uses in the M-1 (Light Manufacturing)Zone specific to the Bakersfield Airpark (All Wards) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of this ordinance on January 31, 2001. This ordinance amendment allows uses specific to the Bakersfield Airpark within the City's M-1 (Light Manufacturing) zone district to facilitate continued operation of the Bakersfield Airpark. On November 3, 1999, the City Council approved Resolution #166-99 which rescinded the Casa Loma Specific Plan. On November 17, 1999, the City Council approved Ordinance #3935 which provided site zoning for the area previously within the Casa Loma Specific Plan area. Site zoning was intended to be consistent with the previous Casa Loma Specific Plan Land Use Designations. In a parallel process related to this ordinance amendment, the Planning Director initiated a zone change to amend the zoning of the Bakersfield Airpark from R-1 (One Family Dwelling Zone), which was erroneously assigned to the site when the Casa Loma Specific Plan was rescinded, to U-1 (Light Manufacturing Zone). On January 4, 2001 the Planning Commission adopted a resolution recommending approval of the ordinance amendment request made by the City of Bakersfield to amend the text of Title 17 (Zoning Ordinance) to add certain uses to the M-1 zone applicable to property within the Bakersfield Airpark (see attached ordinance). The purpose of the ordinance amendment is to accommodate existing and reasonably foreseeable uses at the airpark. The City of Bakersfield is requesting this ordinance amendment because it is the intent of the City to allow airpark related industrial and commercial uses at the site. The ordinance amendment to the M-1 zone is specific to the Bakersfield Airpark property. The proposed ordinance text to be added to Section 17.28.020 of the Bakersfield Municipal Code is provided in the attached ordinance. Januap/22, 2001, 11:41AM ADMINISTRATIVE REPORT Page 2 The request is consistent with existing site development and the LI and PT Land Use designation of the Metropolitan Bakersfield 2010 General Plan. No one spoke for or against the zone change request during the Planning Commission hearing. All required public notices have been given. The City of Bakersfield has determined that this project is exempt from the California Environmental Quality Act (CEQA) and has filed a Notice of Exemption. The General Rule set forth in Section 15061 (b)(3) of the CEQA Guidelines apply to this amendment. No further environmental documentation is necessary, JS (admin\feb~2-14-ap) January 22, 2001, 11:41 AM ADMINISTRATIVE REPORT JMEETING DATE: February 14, 2001 AGENDA SECTION: Deferred Business ITEM: l!.d. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning January 22, 2001 DDEPARTMENT HE~7/,~///J.-- CITY ATTORN~ '~/'~ ClTY MANAGER ~ An ordinance amending subsection B.8. of Section 16.32.060 and subsection D.8. of Section 16.32.080 of Title 16 of the Bakersfield Municipal Code relating to canal fencing within one quarter mile of a subdivision. (All Wards) RECOMMENDATION: Staff recommends adoption of the ordinance. BACKGROUND: The City Council held first reading of this ordinance on January 31, 2001. Proposed ordinance changes allow the Planning Commission to require fencing between a proposed subdivision and a canal within 1/4 mile. Fencing may also be waived based on evidence of characteristics or circumstances which mitigate the need for fencing. Temporary fencing which will serve the same purpose as permanent fencing and can respond to variables such as project phasing or canal relocation can also be approved by the Planning Director. At the December 21, 2000 Planning Commission meeting, the Commission recommended approval of the proposal to the City Council. No one spoke in opposition. Recently, the City Council and Planning Commission have required open canals within 1/4 mile of residential projects to be fenced. The most recent examples include General Plan AmendmentJZone Change P00-0235 (south of Campus Park Drive, west of Old River Road) where the City Council required canal fencing within 1/4 mile of homes unless a wall was constructed (August 30, 2000). With approval of Tentative Tract 6008 on October 25, 2000, the Planning Commission required canal fencing within 1/4 mile of the subdivision. Due to the proximity of the above projects to each other, an overlap in canal fencing responsibilities occurred, in addition, a portion of the canal in question is scheduled for relocation. January 22, 2001, 11:40AM ADMINISTRATIVE REPORT Page 2 In response to these issues and the Commission's interest in protecting the public health, safety and welfare, on September 21, 2000, the Planning Commission appointed a canal fencing committee of Commissioners Brady (Committee Chairman), Munis-Kemper, and Tkac to examine the issue of "off site" canal fencing and report back to the Commission. Input was received from canal companies, developers and Planning, Public Works, Water Resources and legal staff. The Committee's objectives were to: Determine if protection of the public health, safety and welfare warranted expanded ordinance requirements for offsite fencing of canals and if so: what criteria for fencing should be used what would trigger canal fencing who was to install the fencing who was to maintain the fencing Based 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) on evidence provided in the committee meetings, the committee determined the following: Development will continue to take place adjacent to and near open canals. Canals can be an attractive hazard to nearby populations generated by residential development. Seventeen people drowned in canals in Kern County from 1990 to 1999. Large concrete lined canals are difficult to get out of once a person has entered. Canal companies will not fence their canals as development occurs near them. Most canal companies will maintain fencing once it is installed. A 1/4 mile distance from a subdivision is a reasonable distance to require a fence or equal barrier between a proposed tract and a canal. Permanent fencing should be installed pursuant to the City's S-10 Engineering Design Manual standard. It is appropriate to allow flexibility in the application of the 1/4 mile requirement to account for existing fencing or barriers, canal structural characteristics, intervening land uses, effects on agricultural operations and project timing which mitigate the need for fencing. Required fencing should be installed prior to recordation of a subdivision phase (or portion thereof) within 1/4 mile of a canal. (NOTE: Building permits for model homes can be issued prior to recordation.) With regard to tentative tract maps, the proposed wording allows the Planning Commission to require fencing between the proposed subdivision and a canal within 1/4 mile. With regard to parcel maps, the wording has been rewritten to match the fencing standard of tentative tracts but does not add the wording regarding canals within 1/4 mile of the parcel map. Canal fencing is typically deferred until further subdivision in the case of pamel maps. Parcel map language already allows waiver of improvements if specific findings can be made. Prior to the Planning Commission hearing, the BIA, interested engineers and canal companies were sent a hearing notice with a staff report outlining the proposed changes. No one has expressed opposition to this proposal. Proposed ordinance changes are exempt from the California Environmental Quality Act (CEQA). JM (admin\feb~2-14-cf) January 22, 2001, 11:40AM