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.
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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.
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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.
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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.
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(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.
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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.
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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)
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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
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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