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HomeMy WebLinkAbout02/28/2001 AGENDA PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF FEBRUARY 28, 2001 Council Chambers, City Hall, 1501 Truxtun Avenue Pro-Meeting - 5:15 p.m. Regular Meeting - 7:00 p.m. PRE-MEETING 1. ROLL CALL (5rain) (40 min) WORKSHOP a. Status Report of the Kern County Airport Terminal (Ray Bishop, Director of Airports) b. Establish Goals and Objectives and Develop Action Statements for the City of Bakersfield. 1. Goal ~,: Plan for Growth and Development 2. Goal #5: Maintain and Upgrade the City's Quality of Life Note: If there is not enough time during the Workshop Session for this item, it may be moved to the end of the Regular Meeting agenda. CLOSED SESSION a. Public Employee Performance Evaluation - City Manager Closed session pursuant to Subdivision (a) of Government Code Section 54957 REGULAR MEETING 1. INVOCATION by Monsignor Michael Braun of Our Lady of Perpetual Help. 2. PLEDGE OF ALLEGIANCE by Michael Dunn, Boy Scout Troop 712 3. ROLL CALL 4. CLOSED SESSION ACTION 5. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Marion Collins, Mesa Marin Raceway, proclaiming March 15-18, 2001 as "NASCAR Craftsman Truck Series Weekend". PUBLIC STATEMENTS APPOINTMENTS a. Four appointments to the Keep Bakersfield Beautiful Committee. Staff recommends Council Determination. (Wards 2, 5 (Ward 3) (Ward 4) (Wards 1,2) CONSENT CALENDAR Minutes: Special Meeting of February 11,2001 and Regular Council Meeting of February 14, 2001. Payments: Payments from February 02, 2001 to February 15, 2001 in the amount of $6,265,948.10; and Self Insurance payments from February 02, 2001 to February 15, 2001 in the amount of $125,162.38. Ordinances: Ordinance amending Sections of Chapter 17.52 and 17.54 of Title 17 (Zoning Ordinance) of the Bakersfield Municipal Code related to utilization of the PCD (Planned Commercial Development) zone as combined zones. (Refer to Urban Development Committee) Resolutions: Resolution of Intention No. 1234 calling a public hearing to determine whether public necessity, health, safety or welfare requires formation of an underground utility district within designated area, District No. 2, Division 27 (Stockdale). Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers in the Finance Department, pursuant to Section 34090 et seq. of the Government Code. Resolution adding territory, Area 4-19 (Alfred Harrell, 178) to the Consolidated Maintenance District and confirming the assessments, approving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. Resolution of Application proposing proceedings fo~' annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 418, located at the southwest corner of Meacham Road and Calloway Drive. Resolution requesting an extension of time for the Southeast Metropolitan Bakersfield Enterprise Zone. -2- 8. CONSENT CALENDAR continued (Ward 3) Resolution in support of pursuit of the development of a Kern Bluffs Corridor Open Space Plan. j. Memorandum of Understanding - Fire Department Resolution approving a Memorandum of Understanding for the employees of the Firefighters and Engineers Unit of the Fire Department of the City of Bakersfield, for salaries and related benefits, and adopting salary schedule. Resolution approving a Memorandum of Understanding for the employees of the Fire Supervisory Unit of the Fire Department of the City of Bakersfield, for salaries and related benefits, and adopting salary schedule. Revised Job Specification, Title Change, Reclassification and Change to Salary Schedule Amendment No. 8 to Resolution No. 66~99 approving Memorandum of Understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Park Maintainer II, Park Maintainer Ill and Park Services Coordinator. 2. Reclassification of Park Maintainer II to Park Maintainer III Revised job Specification & Title Change: Park Maintainer Ill to Park Services Coordinator. I. Revised Job Specification - Building Permit Technician Amendment No. 1 to Resolution No. 76-00 approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 2000-01 to incorporate previous budget actions approved by the City Council. (Refer to Budget and Finance Committee) Agreements: n. Tract Maps/Improvement Agreements: (Ward 6) Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 5848, Phase I, located south of Campus Park Drive, east of Old River Road. (Ward 4) Final Map and Improvement Agreements with Riverlakes Ranch Land Development Company, LLC for Tract 5961, located west of Riverlakes Drive, south of Olive Drive. (Ward 3) Consultant's Agreement with RBF Consulting, $119,090 for environmental analysis of the proposed interchange on SR178 at Fairfax Road. License Agreement with Kern County Water Agency for constructing and maintaining six (6) recovery well turn-in structures and pipelines to the City-owned Kern River Canal located approximately 2.5 miles west of Buena Vista Road. -3- (Wards 1,2) (Ward 2) (Ward 4) CONSENT CALENDAR continued q. City Center Project: Agreement with Orrick, Herrington & Sutcliffe, LLP, for bond counsel services for the Multi-Use Stadium Certificates of Participation not to exceed $27,500. Agreement with Cox, Castle & Nicholson, LLP, for disclosure counsel services for Multi-Use Stadium Certificates of Participation not to exceed $30,000. Agreement with Kutak Rock, LLP, for special tax counsel services for Multi- Use Stadium Certificates of Participation, not to exceed $27,500. Memorandum of Understanding between the City of Bakersfield, County of Kern, Kern Council of Governments and Kern County Superintendent of Schools regarding creation of an Internet Portal. Amendment No. 1 to Agreement No. 00-167 for acquisition and development of Joshua McMorris Memorial Park to accept additional property for the cul-de-sac.. t. City Attorney Contract: Amendment No. 2 to Agreement No. 98-300 for City Attorney salary increase. Amendment No. 12 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 the City Attorney. Contract Change Order No. I to Contract No. 00-227 with Farm Pump & Irrigation Co., Inc., $32,896.30, for drilling, casing, and pump testing two (2) gravel envelope water wells at Stations CBK 41 and L-208 for the Water Resources Department. Bids: Accept bid from Henberger Traffic Company $81,789.73, for Opticom traffic signal equipment. Accept bid to award Annual Contract to Jim Alfter, Cement Contractor, not to $52,400 for canal liner repair. Accept bid from Western Pacific Signal, $582,469.48 for Light Emitting Diode traffic signal lamps. -4- 8. CONSENT CALENDAR continued 10. Miscellaneous: y. Audit Reports Acceptance of Independent Auditor's Report on compliance with contractual requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2000. Acceptance of 1999-00 Transportation Development Act Funds Financial Statement. z. Audit Reports Independent Auditors Report, Single Audit Report, Schedule of Federal Expenditures for the City of Bakersfield for the Fiscal Year ended June 30, 2000. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the Fiscal Year ended June 30, 2000. (Receive and refer to the Budget and Finance Committee) Staff recommends adoption of Consent Calendar Items a. through z. HEARINGS a. Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. Staff recommends adoption of Resolution. REPORTS a. City Center - Update and Guidance to Staff Staff recommends that City Council provide feedback on several City Center related issues. b. Presentation by City Attorney Bart Thiltgen concerning Government Code Section 1090 and FPPC Regulations - 2001 Update Information. Staff recommends acceptance of report. c. City Manager Report No. 2-01 regarding the Wastewater Division's proposed Revenue Program Guide. (Interim Public Works Director Jacques R. LaRochelle) Staff recommends acceptance of report. -5- 11. (Ward 6) (Ward 3) (Ward 2) DEFERRED BUSINESS Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-35 from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 4.8 acres located adjacent on the east side of Stine Road, south of Hosking Avenue. (ZC P00-0691) (First reading 2/14/01) Staff recommends adoption of the ordinance. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-22 by changing the zoning from R-1 (One Family Dwelling) and R-3 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial), for property located between State Route 178, Bernard Street, East Hills Mall and Mt. Vernon Avenue in northeast Bakersfield. (ZC P00-0744) (First reading 2/14/01) Staff recommends adoption of the ordinance. Appropriate $30,000 in General Fund Balance to the Development Services Operating Budget to conduct the Downtown Charrette. Staff recommends approval. 12. (Ward 4) (Ward 7) (Ward 7) NEW BUSINESS Ordinance amending Section 1.12.040 Bakersfield Municipal Code by adding Annexation No. 414 to Ward 4, located along the north side of Brimhall Road between Jenkins Road and Allen Road. Staff recommends first reading of the ordinance. Resolution making findings and certifying that the Final EIR has been completed in compliance with CEQA, the State EIR Guidelines and the City of Bakersfield CEQA Implementation Procedures regarding the Gateway Shopping Center generally located between Highway 99, South H Street, the Arvin-Edison Canal and Berkshire Road alignment. (ZC #P00-0419). Staff recommends adoption of the resolution. Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-25 by changing the zoning of 64 acres located between SR 99, Arvin- Edison Canal, South H Street and Berkshire Road alignment from a PCD (Planned Commercial Development) Zone to a C-2 (Regional Commercial) Zone for the Gateway Shopping Center. (P00-0419) Staff recommends first reading of the ordinance. -6- 13. COUNCIL & MAYOR STATEMENTS 14. ADJOURNMENT Respectfully submitted, Alan Tandy City Manager S:~Counci~AGENDA\FEB2801 .wpd February 22, 2001 (3:56pm) -7- BAKERSFIELD TO: FROM: THROUGH; SUBJECT: MEMORANDUM Februaw 23,2001 HONORABLE MAYOR AND CITY COUNCIL JOHN W. STINS(~,~A~SISTANT CITY MANAGER ALAN TANDY, CITY MANAGER AGENDA HIGHLIGHTS - FEBRUARY 28, 2001, COUNCIL MEETING PRE-MEETING There are two workshops. The first is a report by Kern County Airports Director Ray Bishop on the status of the new airport terminal. The second is a continuation of the City Council goal setting session: Goal #4: Plan for Growth and Development and Goal #5: Maintain and Upgrade the City's Quality of Life. If additional time is needed, this item may be continued at the end of the regular agenda. There is one closed session item: the City Manager performance evaluation. APPOINTMENTS There are four appointments to the Keep Bakersfield Beautiful Committee for Wards 1,2, 5, and 6. Applications have been received from the following individuals: Dana C. Karcher, Michael G. Ming, Keith Stroller, and John Enriquez. CONSENT CALENDAR Consent Calendar items are explained by Administrative Reports. Those that should be highlighted include: Ordinances: Item 8c. Ordinance amendinq the Municioal Code related to utilization of the Planned Commercial Development {PCD) and Planned Unit Development (PUD) zones as combined zones. This ordinance provides that the existing Planned Unit Development (PUD) and Planned Commercial Development (PCD) ordinances be amended to allow their use as either exclusive zones or as combining zones. It would not be the intent to assign the PUD/PCD combined zone in all residential and commercial zone change cases. It should be reserved for sites with sensitive or unique circumstances, or when public input indicates it would be beneficial. The Council could also approve a specific zone classification with a PUD/PCD combining zone when the Council deems it necessary to regulate design. Community advantages include: A) the Planning Commission would have design control on unique or sensitive areas; B) increased neighborhood input on proposed design; and C) Planning Commission/Council assurance of design review in controversial rezoning applications. HONORABLE MAYOR AND CITY COUNCIL Februa~ 23,2001 Page-2~ Developer advantages include: A) applicant receives zoning entitlements prior to investment into project design; B) project design investment placed nearer to project fruition; C) fewer design amendments (processing timing delays) necessary due to project evolution time; and D) applicants can assure neighborhoods of future design input opportunity. This proposed ordinance was provided to the local Building Industry Association, American Institute of Architects, Bakersfield Association of Realtors and the City's list of engineers and architects. No one spoke in opposition to the proposed ordinance amendments at the Planning Commission hearing. Staff recommends referral to the Urban Development Committee. Resolutions: Item 8d. Resolution of Intention callina a [~ublic hearing to determine whether oublic necessity, health, safety or welfare reauires formation of an undemround utility district within designated area, District No. 2, Division 27 (Stockdale). This resolution sets a public hearing for the proposed underground utility district for March 14, 2001. All overhead lines in the area along Stockdale Highway between Highway 99 and Coffee Road are to be relocated underground. Any landscaping disturbed by the relocation of the lines will be replaced by PG&E. The district will be constructed with PG&E Rule 20A funds, as well as the private panel conversions, at no cost to the City. Item 8e. Resolution approving the destruction of certain obsolete City records, documents, instruments, books and papers in the Finance Department. This resolution is a housekeeping item that authorizes the Finance Department to destroy obsolete records and reports that are more than two years old and have been approved for destruction by the City Attorney's office. A list of documents is included in the Administrative Report. Item 8f. Resolution adding territory, Area 4-19 CAIfred Harrell. 178) to the Consolidated Maintenance District and confirmino the assessments, aDDrovin(] the Public Works Director's Reoort and authorizin(] collection of assessments by the Kern County Tax Collector. A written request to be included into the Consolidated Maintenance District has been received from the owners of the tentative tracts generally bounded by a line 1 3/4 miles north of Highway 178 on the north, a line 1 mile east of Alfred Harrell Highway on the east, a line 1/4 mile south of Highway 178 on the south, and Alfred Harrell Highway and the west line of Section 10 on the west. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a proposed public park and public street landscaping. The area will be under the park and street landscaping zones of benefit and when a park has been constructed and street landscaping has been installed, assessed an amount for park tier I and street tier 2. Item 8g. Resolution of Application proposinq proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 418, located at the southwest corner of Meacham Road and Calloway Drive. The proposed annexation consists of approximately 2.5 acres of uninhabited land located at the southwest corner of Meacham Road and Calloway Drive. The site is developed with a church facility. The property owner has consented to annexation and wishes to receive city services. HONORABLE MAYOR AND CITY COUNCIL February 23,2001 Page-3- Item 8h. Resolution requestino an extension of time for the Southeast Metropolitan Bakersfield Enterorise Zone. This resolution is the final Council action necessary for an application to be submitted to the State of California for a five-year extension of the Southeast Metropolitan Bakersfield Enterprise Zone designation. The enterprise zone, a joint project between the County of Kern and the City of Bakersfield, is set to expire October 14, 2001. The extension, if approved by the State, will give enterprise zone businesses an additional five years to earn State tax benefits. It will also assist the City and County in marketing Southeast Bakersfield to employers that create jobs and increase private sector investment in the area. The County will be taking a similar resolution to the Board of Supervisors on February 27th. Item 8i. Resolution in support of pursuit of the development of a Kern Bluffs Corridor Open Space Plan. A coalition of community groups, City staff and Councilmembers have been meeting to discuss options for developing a plan to preserve an area in the northeast commonly referred to as the Kern Bluffs. The citizens' group met with the Urban Development Committee on February 12th to discuss options to develop a Kern Bluffs Corridor Open Space Plan. Representatives from the group informed the Committee that grants may be available to assist with the development of the plan. The group further stated that most grants would want city support and/or matching funding in order to improve their potential for success. It was agreed that a resolution based on existing adopted general plan policies could be submitted with grant applications as an indication of City support if adopted bythe City Council. The Urban Development Committee recommends adoption of the resolution. Item 8i. Resolutions aPProving Memorandums of Understanding for the employees of the Fire Supervisory Unit and employees of the Firefighters and Engineers Unit of the Fire Department for salaries and related benefits, and adootina salary_ schedule. These resolutions are the result of meetings with the Fire Unions regarding enhancement of their pension benefits to increase from 2% at 50 to 3% at 50, and it adopts the Memorandums of Understandings and set the salaries and other related benefits for the employees of the Fire Unions. It is a three year agreement and proposes salary adjustments of 2% for July 2, 2001, 4% effective December 31, 2001, 1% effective December 30, 2002, 2% effective June 30, 2003, 2% effective December 29, 2003 and 2% effective July 5, 2004. Other key provisions include: 1) employer paid member contribution to PERS to be considered speciality pay and thus eligible to be use in retirement calculations, effective January 2003; 2) Stations 1 and 7 will be designated as heavy rescue stations; 3) individuals assigned to work a shift as a certified Hazardous Materials Specialist or Hazardous Materials Technician will have their premium pay increased from $10 per shift to $15 per shift; 4) residency requirement will be changed to 45 minutes from City limits; and 5) contract amendment to our PERS contract to enhance the pension benefit to 3% at 50 as soon as possible. Item 8k. Revised i0b specification, title chanqe, reclassification and chan(]e to salary schedule in the Recreation and Parks Department. The Recreation and Parks Director has proposed a reorganization and would like to make three changes. First, replace the vacant Assistant Superintendent - Parks position with a Supervisor Il. This will eliminate the two-tiered supervision of the division that has existed since the Director of Operations position was added. Second, reclassify the Park Maintainer II to Park Maintainer III. There is one remaining Park Maintainer II and the incumbent is performing Park Maintainer ill duties. Third, retitle the Park Maintainer III HONORABLE MAYOR AND CITY COUNCIL February 23,2001 Page-4- classification to Park Services Coordinator. This new title more accurately reflects the responsibilities of this position. These changes can be made within the funds currently allocated in Recreation and Parks budget. The job specification, title change and reclassification were approved by the Miscellaneous Civil Service Board at its February 20th meeting. S.E.I.U. concurs with the proposed recommendations. Item 81. Revised Job Specification - Building Permit Technician. At the request of the Building Division, the job specification for Building Permit Technician was reviewed and updated prior to opening a recruitment for the twO current vacancies. The changes reflect current terminology, assignments and minimum qualifications. The revised job specification was approved by the Miscellaneous Civil Service Board at their February 20~ meeting. S.E.I.U. concurs with the proposed revision. There is no budgetary impact as the salaries remain the same. Item 8m. Amendment to resolution approving and adopting the City of Bakersfield Operatinq and Caoital Improvement Budoets for FY 2000-01 to incoroorate Previous budqet actions approved by the City Council. This is a technical cleanup item which incorporates previous Council actions by amending the FY 2000-01 Budget. Staff recommends referral to the Budget and Finance Committee. Agreements: Item 8o. Consultant's Agreement with RBF Consulting for environmental analysis of the oro0osed interchanae on SR178 at Fairfax Road in the amount of $119.090. Staff is preparing a Project Report for the proposed interchange on SR178 at Fairfax Road. A portion of that document covers the environmental studies and reports for the project. As the City does not have expertise currently on staff to conduct the environmental analysis necessary for this project, the City needs to hire a consultant. Staff recently conducted an environmental consultant selection process on another project that is comparable in scope to the current project. Therefore, to minimize administrative costs, staff recommends that an agreement with the consultant previously selected, RBF Consulting, be approved for this project. Item 8o. License agreement with Kern County Water Agency for constructing and maintaining six ~6) recovery well turn-in structures and Dioelines to the City-owned Kern River Canal located aporoximatelv 2.5 miles west of Buena Vista Road (Outside City Limits). The Kern County Water Agency (KCWA) is the owner of the land located north and south of the City-owned and operated Kern River Canal west of Buena Vista Road. The KCWA operates the properties and recovery groundwater wells as part of the Joint Water Banking Project and the Pioneer Project Banking facility. In order to transport groundwater pumped from these banking projects, KCWA desires to construct and maintain six new recovery well turn-in structures and pipelines from the wells to the Kern River Canal. KCWA will pay all costs to design, construct and maintain the pipeline crossings, which can only be used for groundwater recovery operations. KCWA will indemnify the City against any and all claims. This license agreement is non-exclusive and revocable by the City upon 30 days notice, at which time KCWA would be required to remove the turn-ins and pipelines and restore the premises. HONORABLE MAYOR AND CITY COUNCIL February 23,2001 Page-5- Item 8a. City Center Proiect. The City is contemplating issuing approximately $12 - $16 million of certificates of participation to finance the acquisition of land for and construction of a multi-use stadium. Bond counsel, disclosure counsel and special tax counsel expertise is needed and upon approval would be provided by the following agreements: Sam Sperry of Orrick, Herrington & Sutcliffe to act as bond counsel, preparing all the necessary document to facilitate the issuance of the bonds, The fee for this service will not exceed $27,500. Additionally, the law firm will receive up to $10,000 for expenses involved with the transaction. Sam Sperry has served as bond counsel on several assessment district bond issues, sewer revenue bonds, as well as the Centennial Garden certificates of participation. Bruce Graham of Cox, Castle & Nicholson to act as disclosure counsel, preparing the preliminary official statement and the official statement. The fee for this service will not to exceed $30,000. Additionally, the law firm will receive up to $5,000 for expenses involved with the transaction. Mr. Graham has served as disclosure counsel on many City bond transactions. David Caprera of Kutak Rock to act as special tax counsel, preparing special federal tax opinions. The fee for this service will not exceed $27,500. Mr. Caprera has advised the City on tax issues involving the Arena certificates of participation. All counsels' fees are contingent upon the issuance of the certificates of participation, so if the project does not proceed and certificates are not issued, no fees will be owed. There is one exception, Cox, Castle & Nicholson will be reimbursed for the expenses incurred whether or not the certificates are issued. Item 8r. Memorandum of Understandina between the City, County of Kern, Kern Council of Governments and Kern County Superintendent of Schools regardina creation of an Internet Portal. The City, County, Kern COG and Kern County Superintendent of Schools (the entities) have each created and maintained their own Internet sites containing information which is valuable to the public. The entities desire to create a system by which the public can access information from all entities from one location. This memorandum would create an executive committee with representatives from each of the entities. This MOU will have the effect of organizing the agencies in preparation for the formal bid process to select a vendor to develop and maintain the Government Internet Portal. Once the results of the RFP are received and reviewed by the agencies, staff will return to the Council for their further review and approval. Item 8s. Approval of Amendment No. 1 to Agreement No. 00-167 for acquisition and development of Joshua McMorris Memorial Park. On June 28, 2000, the Council approved an agreement for the acquisition and development of Joshua McMorris Memorial Park. Since that time, staff has been working closely with the Rotary Club of Bakersfield East and A-C Electric Company to finalize details of the park. This amendment finalizes the draft included in the original agreement to specifically identify the facilities in the park and who will be responsible for their installation. The meetings have also resulted in the addition of a cul-de-sac at the end of Homaker Place adjacent to the park, which will allow public safety vehicles and maintenance vehicles and equipment access to the park. A-C Electric, the owner of the property, has generously agreed to donate the additional land for this cul-de-sac. Acceptance of such property requires the consent of the City Council. HONORABLE MAYOR AND CITY COUNCIL February 23,2001 Page-6- Item 8t. City Attorney Contract. This contract amendment implements changes to the City Attorney's contract in accordance with the annual evaluation of the City Attorney conducted on January 31, 2001 and February 14, 2001. This amendment includes a salary increase of 4% and an increase of $500 contributed by the employer to the City's deferred compensation plan retroactive to January 18, 2001. Item 8u. Contract Change Order No. I to Contract No. 00-227 with Farm Pump & Irrigation Co., Inc., $32,896.30. for Drillin(3, Casing, and Pump Testing two (2) qravel envelope water wells at Stations CBK 41 and L-208 for the Water Resources Deoartment. On August 16, 2000, a contract was awarded in the amount of $371,180 for drilling, casing and pump testing of the domestic water deepwell facilities within a new housing tract located north of the Kern River, east of Jewetta Avenue, south of Brimhall Road and west of Verdugo Road and on a three acre parcel at the southwest corner of Coffee Road and Norris Avenue. This Contract Change Order for $32,896.30 is needed to provide for additional well construction work. This change brings the total contract to $404,076.30. Bids: Item 8v. Award bid for Ooticom traffic sianal eauiDment to Henberqer Traffic Company in the amount of $81.789.73. Invitations to bid were sent to four vendors. Two bids were received; however, only one was received before the deadline and is considered acceptable. Staff recommends bid award to Henberger Traffic Company. Item 8w. Award annual contract for canal liner reoair to Jim Alfter, Cement Contractor, not to exceed the budaeted amount of $52,400. This type of contract has been used by the Water Resources Department to repair concrete portions of the City's carrier and river canals for over ten years. This contract is for one year with an additional year renewal at the option of the City. Invitations to bid were sent to five vendors. One bid was received from the current contract holder, with no significant increase in unit prices. Staff recommends bid award to Jim Alfter Cement Contractor. Item 8x. Award bid for Liqht Emitting Diode traffic signal lamps to Western Pacific Signal in the amount of $582,469.48. Invitations to bid were sent to six bidders. Three bids were received. Staff recommends award to the Iow bidder, Western Pacific Signal in the amount of $582,469.48. Miscellaneous: Item 8v. Audit Reoorts. The Independent Auditor' Report on compliance with contractual requirements relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2000 and the 1999-00 Transportation Development Act Funds Financial Statement were referred to the Budget and Finance Committee. The Committee reviewed and recommends acceptance of the audit reports. Item 8z. Audit Reports. The City has received two audit reports: 1) Independent Auditors Report, Single Audit Report, Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2000; and 2) Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2000. Staff recommends the audit reports be received and referred to the Budget and Finance Committee for review. HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page -7- HEARINGS Item 9a. Resolution makinq findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). This resolution is a review of the funding for the Metropolitan Bakersfield Habitat Conservation Plan. Developers pay $1,240 per acre at grading plan approval stage to compensate for direct and indirect impact on endangered species habitat from urban development. The funds are used to purchase and manage replacement habitat. No fee increase is proposed because the City has been able to acquire land at very good prices as we have not yet purchased much specialty preserve property and urban conversion of natural lands has been minimal. As a result, increases in State charges can be absorbed while holding down the fee. Government Code provides for an annual update of the Capital Improvement Plan by the governing body of the local agency. The MBHCP and Implementation/Management Agreement describe the estimated costs of the program and indicate the extent and types of land to be acquired with the funding source and serve as the Capital Improvement Plan for the MBHCP. The Board of Supervisors conducted a public hearing on December 12, 2000 and approved a similar resolution. Staff is recommending adoption of the resolution. REPORTS Item 10a. Citv Center update and quidance to staff. Staff will provide a general update on the project. As we progress towards the major decisions on City Center, it is necessary to structure documents properly. In light of that, it would be beneficial to have City Council feedback on the following subjects: Public participation - Special Council Date: In response to a Council request, staff suggested several enhancements to the public participation process on City Center. One of these suggestions was for a special Council meeting with a one-purpose agenda - to take public comment on City Center. An off-Wednesday, Mamh 21st, was put up as a possibility. Note: It is expected that the Agency and City Council will hold a joint public hearing on amending the Redevelopment Plan on March 14th. All that action will do is add a stadium to the plan - it does not bind the City to a stadium project. Approval of the DDA and financing documents come on March 28~ - again after a public hearing. Any public sessions added need to be set before March 28~. Staff is well aware of the difficulties of scheduling a Special Council meeting. Alternates could include individual Council members who want to host an "open format" session at a location within their ward. Essentially, it would be a brief explanation of the project followed by public comment. In either case, whether it is the group or individually hosted meetings, staff needs direction from Council on what to set up. Riser heights and treads (leg room): At the Council meeting of February 14~, a question was raised about going to a larger than standard set of dimensions for leg room in the stadium. Since that question was raised, the architect has done some additional work. There is no problem or substantive cost to go to the wider seat and staff will simply plan on that. Increasing the tread width or the horizontal depth of the concrete element for the seats to add leg room would require dimensional changes to the entire stadium at an estimated cost of $150,000. HONORABLE MAYOR AND CITY COUNCIL February 23,2001 Page-8~ Pertinent to this decision is that, unlike the arena, the stadium would not have upholstered padded seats and that would provide two inches more leg room than Centennial Garden. The pitch of the seats is also different from the Garden to provide more leg room in the stadium. Also, stadium seats are open on the back, whereas arena seats are solid. You can put your feet under the seat in front of you in a stadium - you cannot at an arena. We are attempting to get samples so the differences can be experienced. Staff believes that the two inches for unupholstered, the seating pitch and the open back make the "standard" section the right one. However, with a budget increase of $150,000, the larger tread and riser can be done should that be Council preference. Architectural Advisory Committee: Councilmember Benham suggested this at the regular meeting of February 14th. Since that time, staff has been in discussions with the developer and Councilmember Benham. Based on these discussions, staff recommends creation of the committee. Iteml0b. Presentation by Citv Attorney Bart Thiltgen concerning Government Code Section 1090 and FPPC ~Fair Political Practices Commission) Regulations - 2001 Update Information. City Attorney Bart Thiltgen will present update information regarding FPPC regulations and the applicability of Government Code. Item 10c. Citv Mana(~er Report No. 2-01 regardin(~ the Wastewater Division's proposed Revenue Pro(~ram Guide. (Interim Public Works Director Jacoues R. LaRochelle~ Public Works staff will present to the Council a status report on the Revenue Program Guide and proposed rate changes for residential and commercial users. The City used a Iow-interest State Revolving Fund (SRF) loan to finance a portion of the recent Plant 2 Upgrade/Expansion project. The SRF loan contract between the City and the State Water Resources Control Board requires the City to prepare and adopt an updated Revenue Program to ensure all costs are distributed in proportion to each user's demand on the Treatment Plant. DEFERRED BUSINESS Item 1 la. Ordinance amending the Bakersfield Municipal Code and Zonin(3 Map from R-1 (One Familv Dwellin(3) to R-2 (Limited Multiple Family Dwellin(3) on 4.8 acres located adiacent on the east side of Stine Road, south of Hosking Avenue. The City Council conducted the first reading on February 14, 2001. Staff recommends adoption of the ordinance. Item 1 lb. Ordinance amending the Bakersfield Municipal Code and Zoning Map by changing the zonin(~ from R-1 (One Family Dwellino~ and R-3 ~Limited Multiple Family Dwellin(~ to C-2 (Reqional Commercial~. for Drooertv located between State Route 178, Bernard Street. East Hills Mall and Mt. Vernon Avenue in northeast Bakersfield. The City Council conducted its hearing of the proposed zone change on February 14, 2001. In response to various issues, the Council approved a zone change to C-2 (Regional Commercial) on only that portion of the site designated for the Home Depot. The balance of the project area will only be developed by Planned Commercial Development and for that reason the zone change for the "balance" of the property was denied. This ordinance implements the Council's decision. Staff recommends adoption of the ordinance. HONORABLE MAYOR AND CITY COUNCIL February 23,2001 Page-9- Item 1 lc. Appropriate $30.000 in General Fund Balance to the Development Services Operating budget to conduct the Downtown Charrette. This item appropriates an additional $30,000 towards the Downtown Charrette. Vision 2020 has requested that the City contribute this amount to provide the funds necessary to conduct the Downtown Charrette. Staff has had limited success in obtaining contributions toward this effort. The Urban Development Committee is recommending approval of the appropriation. The date to conduct the Charrette will be dependent on the Council's availability, as well as the Consultant's schedule. Staff would appreciate Council direction on an appropriate date. NEW BUSINESS Item 12a. Ordinance amending the Bakersfield Municipal Code bv adding Annexation No. 414 to Ward 4. located along the north side of Brimhall Road between Jenkins Road and Allen Road. This ordinance amends the ward boundaries to include Annexation No. 414 area with an estimated population of two into the corresponding Council Ward 4. The site is located north of Brimhall Road between Jenkins Road and Allen Road and consists of approximately 94 acres of uninhabited land. The site is developed with one single-family residence and the property owner requested annexation to receive City services. The annexation was approved by Council on January 31, 2001. Staff recommends first reading of the ordinance. Item 12b. Resolution making findinqs and certifying that the Final EIR has been completed in compliance with CEQA. the State EIR Guidelines and the City of Bakersfield CEQA Implementation Procedures reoardin(~ the Gateway ShooDin0 Center (]enerally located between Highway 99, South H Street. the Arvin-Edison Canal and Berkshire Road alignment. On January 18, 2001, the Planning Commission adopted a resolution recommending the City Council certify the Final EIR for the Gateway Zone Change. The City, as lead agency, proposes that the Gateway Final EIR serve as the environmental document for the zone change request. The Gateway Final EIR consists of the Grand Canal EIR, the Initial Study prepared for the Gateway zone change. Staff recommends adoption of the resolution. Item 12c. Ordinance amendina the Bakersfield Municipal Code and Zonina MaD by chanaing the zonin(~ of 64 acres located between SR 99. Arvin-Edison Canal. South H Street and Berkshire Road alianment from a PCD (Planned Commercial Development) Zone to a C-2 (Reaional Commercial) Zone for the Gateway Shoooinq Center. Paul Owhadi of Sierra Pacific Development, the applicant and property owner, has requested to change the zoning on the 64 acre site, known as the "Grand Canal Shopping Center" from a PCD (Planned Commercial Development) zone to a C-2 (Regional Commercial) zone. The proposed square footage is the same as approved for the Grand Canal project, consisting of 555,000 square feet of leasable space and 16,504 square feet for support facilities. The application states the Gateway shopping center development would be an outdoor shopping center consisting of anchor, specialty, other retail and restaurant uses. The movie theater, canal and amphitheater portion of the original Grand Canal project would be eliminated. The movie theater space would be converted to retail space. On February 1,2001, the Planning Commission adopted a resolution recommending the City Council approve the zone change for the Gateway Shopping Center. However, in addition to the mitigation measures of the Gateway Final EIR, the Planning Commission recommends other conditions of approval to address aesthetic, buffering, compatibility and noise concerns for this project. These HONORABLE MAYOR AND CITY COUNCIL February 23, 2001 Page - 10- conditions are similar to those placed on other commercial developments near residential areas. One condition requires the developer to submit plans for the architectural and landscape theme for the entire center for the Planning Commission's review and approval. This project review would occur at the time the first building plans are submitted for Site Plan Review. The applicant has agreed to comply with both the mitigation measures and conditions. Staff recommends first reading of the ordinance. AT.JWS:jp cc: Department Heads City Clerk's Office News Media File S:~AGN_HIGH',01 feb28.wpd February 23, 2001 ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 IAGENDA SECTION: Workshop ITEM: ,~. ;, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Alan Tandy, City Manager February 14, 2001 Report on Status of Kern County Airport Terminal DEPARTMENT HEAD CITY A'I'rORNEY CITY MANAGER APPROVED RECOMMENDATION: BACKGROUND: Ray Bishop, Director of Airports for Kern County, will be presenting a report on the status of the new airport terminal. February 14, 2001, 8:50am S:'~Admin Rpts~2001'~Airport Terminal Status 021401.wpd ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Workshop ITEM: 2_ ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council John W. Stinson, Assistant City Manager February 15, 2001 APPROVED DEPARTMENTHEAD CiTY A'I'rORNEy CITY MANAGER Establish Goals and Objectives and Develop Action Statements for the City of Bakersfield. 1. Goal #4: Plan For Growth and Development 2. Goal #5: Maintain and Upgrade the City's Quality of Life RECOMMENDATION: Council to continue goal setting process and give direction to staff. BACKGROUND: This item is the continuation of the City Council goal setting process which began by the Council on February 11, 2001. The next two sections of goals have been included for continued discussion and consideration by the Council. Should this item exceed the time available during the workshop period the Council may continue this item at the end of the regular Council agenda. S:~JOHN~Council Goals~AdMin01 Feb28.wpd February 22, 2001, 3:42pm ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Closed Session ITEM: 3 - q - TO: Honorable Mayor and City Council APPROVED FROM: Bart Thiltgen, City Attorney DEPARTMENT HEAD DATE: February 16, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: Public Employee Performance Evaluation -- City Manager Closed session pursuant to subdivision (a) of Government Code section 54957 RECOMMENDATION: BACKGROUND: BJT:laa FE28CA1 .CS February 16, 2001, 11:15am ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Presentations ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Mayor Harvey L. Hall February 22, 2001 DEPARTMENT HEAD CITY ATTORNEY OVED ClTY MANAGER ~ Presentation by Mayor Hall of Proclamation to Marion Collins, Mesa Marin Raceway, proclaiming March 15- ~. 8, 2001, as "NASCAR Craftsman Truck Series Weekend". RECOMMENDATION: BACKGROUND: February 21, 2001, 5:33pm ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 AGENDA SECTION: Appointments ITEM: ~. ~. TO: Honorable Mayor and City Council APPROVED FROM: Pamela A. McCarthy, City Cler~_,, DEPARTMENT HEAD DATE: February 22, 2001 CITY ATTORNEY SUBJECT: ClTY MANAGER Four appointments to the Keep Bakersfield Beautiful Committee RECOMMENDATION: Staff recommends Council determination. BACKGROUND: Four appointments to the Keep Bakersfield Beautiful Committee due to the resignation of Michael Caprai (Ward 1) and expiration of terms of Randal Beeman (Ward 2), Michael Ming (Ward 5), and John Enriquez (Ward 6). Applications have been received from the following individuals: Dana C. Karcher · Michael G. Ming · Keith Stoller · John Enriquez Keep Bakersfield Beautiful Committee was formed on June 28, 2000. The committee is comprised of seven Council-appointed members who will take on the responsibility of decision making for the beautification program. Terms of office run concurrent with the term of his or her nominating Councilmember, however it is not necessary for a Councilmember to nominate a resident from his or her ward. The duties of the KBBC are to recommend policies and specific programs to the City Council which promote the mission statement of the KBBC as reflected in its bylaws on file with the City Clerk. in addition, the KBBC shall actively participate in the implementation of various programs and projects to achieve the KBBC mission statement. The Committee Coordinator of the KBBC will be the liaison between KBBC and the City Council and shall provide the Council, upon request, written reports on the activities of the KBBC. S:\Bds&Comm\KBBC\KBBCAdmin01 .wpd February 22, 2001, 10:04AM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8.a. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Pamela A. McCarthy, City Clerk February 20, 2001 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED Minutes of the Special Meeting of February 11, 2001 and Regular Council Meeting of February 14, 2001 RECOMMENDATION: BACKGROUND: bz S:\Council\admins~ADMINS\FEB2801 .wpd February 22, 2001,4:26pm ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 15, 2001 APP~r~D DE.ARTME.T CITY MANAGER Approval of department payments from February 02, 2001 to February 15, 2001 in the amount of $6,265,948.10 and self insurance payments from February 02, 2001 to February 15, 2001 in the amount of $125,162.38 RECOMMENDATION: Staff recommends approval of payments totaling $6,391,110.48 BACKGROUND: s:\acctpay\adminf~l .wpd klg ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 I AGENDA SECTION: Consent. Cai endar I ITEM: ~>. C., I TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 7, 2001 ~_-APPROVED DEPARTMENT ~ CITY MANAGER An ordinance amending sections of Chapters 17.52 and 17.54 of Title 17 (Zoning Ordinance) of the Bakersfield Municipal Code (BMC) related to utilization of the P.C.D. (Planned Commercial Development) zone as combining zones. (All Wards) RECOMMENDATION: Staff recommends referral to Urban Development Committee. BACKGROUND: On February 1, 2001, the Planning Commission recommended approval of this ordinance. This ordinance provides that the existing P.U.D. and P.C.D. ordinances be amended to allow their use as either exclusive zones or as combining zones. This would allow property to be zoned C- 2/P.C.D. for example, which would give the applicant the entitlements to construct uses allowed under the C-2 zone (General Commercial) and would allow the Planning Commission to review and approve plans for the site once the applicant has firmed up development plans and client prospects. The advantages of using the P.U.D./P.C.D. zones as combining zones are as follows: Community Advantages: A. Commission would have design control on unique or sensitive areas. B. Increased neighborhood input on proposed design. C. Commission/Council assurance of design review in controversial rezoning applications. Developer Advantaqes: A. Applicant receives zoning entitlements prior to investment into project design. B. Project design investment placed nearer to project fruition. February 12, 2001, 10:18AM ADMINISTRATIVE REPORT Page2 Fewer design amendments (processing/timing delays) necessary due to project evolution over time. D. Applicants can assure neighborhoods of future design input opportunity. Existin,q ordinance provisions: Currently the City's P.U.D. and P.C.D. zones are exclusive zone districts. Property to be zoned P.U.D. or P.C.D. requires the applicant to have specific design criteria at hand and the information is presented to the Planning Commission and City Council for approval. The plans themselves become part of the zone. Manipulation of the approved plans after the P.U.D./P.C.D. exclusive zone is approved may take place under Planning Director or Planning Commission review, depending on the extent of proposed changes. The uses allowed under exclusive P.U.DJP.C.D. zoning are listed within the P.U.D. and P.C.D. sections of the zoning code. P.U.D. zoning allows single and multiple family residential uses (R-l, R-2, R-3 and R-4 uses) in densities governed by the general plan designation within which the P.U.D. zone is assigned. The approved P.U.D. plans lock in the number of units. P.C.D. zoning allows commercial office through general commercial uses (C-0, C-1 and C-2 uses). In both the P.U.D. and P.C.D. zones, the Planning Commission and City Council approve building elevations, site plans and landscape plans. Proposed Changes: Under the proposal to use a P.U.D. or P.C.D. zone as a combining zone, the applicant could request an R-l, R-2, R-3 or R-4 residential zone district or a C-0, C-1 or C-2 commercial zone district with a P.U.D. or P.C.D. combining zone. Assignment of the P.U.D. or P.C.D. as a combining zone would allow the applicant to bring design plans back to the Planning Commission once they were able to more accurately depict proposed development. The Council could also approve a specific zone classification with a P.U.D./P.C.D. combining zone when the Council deems it necessary to regulate design. It would not be the intent to assign the P. UD./P.C.D. combining zone in all residential and commercial zone change cases. The P.U.D./P.C.D. combining zone should be reserved for sites with sensitive or unique circumstances, or when public input indicates it would be beneficial. Existing city ordinances which regulate setbacks, building height, landscaping, wails, overlook and various other land use relationships and provisions for access are adequate in most cases. The City once had a D (Design) overlay zone (formerly BMC Chapter 17.40) which was applied to most multiple family residential and commercial zone districts. This required review of development design by the Commission. The design review became cumbersome to developers due to its subjectivity and was removed by the City Council and replaced with the current site ptan review process in 1982. The site plan review process and existing city ordinances were introduced and amended at that time to address the issues commonly brought up in the design review hearings and codify them as standards with which staff now reviews projects. Notice of this proposed ordinance was provided to the local Building Industry Association, American Institute of Architects, Bakersfield Association of Realtors, and the City's list of engineers and architects. No one spoke in opposition to the proposed ordinance amendments at the Planning Commission hearing. February 12, 2001, 10:18AM ADMINISTRATIVE REPORT Page 3 Attached Exhibit "A" is the proposed ordinance. Exhibit "B" is a line outJitalics version depicting specific wording changes. ENVIRONMENTAL REVIEW AND DETERMINATION: This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures in accordance with Section 15061 of the State CEQA Guidelines. It can be seen with certainty that the proposed ordinance amendment will not effect the environment and the general rule under CEQA would apply. A Notice of Exemption has been prepared. JM (adrnin~feb~-28-pcd) February 12, 2001, 10:18AM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works DirectorDEPARTMENT HEAD ~'~j'~ February 9, 2001 cl.rY ATTORNi~//~/~ CITY' MANAGER Resolution of Intention No. 1234 calling a publi9 hearing to determine whether public necessity, health, safely or welfare requires formation of an underground utility district within designated area, District No. 2, Division 27 (Stockdale). Wards 2 & 5. RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: This resolution is necessary in order to comply with the City Municipal Code and PG&E Rule 20A regulations regarding underground utility districts. All overhead lines in the area along Stockdale Highway between Highway 99 and Coffee Road shall be removed and relocated underground. Any landscaping which is disturbed by underground facilities shall be replaced in kind by the contractor for PG&E, The district will be constructed with PG&E Rule 20A funds at no cost to the City. Rule 20A funds will also be used to pay for private panel conversions. The resolution of intention sets a public hearing for March 14, 2001. Ivd February 7, 2001, 9:56AM S:\PROJ ECTS\U nderground~Admin~2*27roi.wpd ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: ~. 6, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 16, 2001 APPROVED DEPARTMENT HEAD ^TTOR C MA.AGER A Resolution of the City Council approving the destruction of certain obsolete City records, Documents, instruments, books and papers, pursuant'to the section 34090 et seq. of the government code of the State of California - Finance Department. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: This resolution authorizes the finance department to destroy obsolete records and reports that are more than two (2) years old and have been approved for destruction by the City Attorney's office. The records to be destroyed are listed on Exhibit A of the resolution. s:~acctpay'tadminf-1 .wpd ktg ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: ~'..¢', TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, interim Public Works Director DEPARTMENT HEAD February 9, 2001 CITY ATTORNEY~ CITY MANAGER ~ Resolution adding territory, Area 4-19 (Alfred Harrell, 178) to the Consolidated Maintenance District and confirming the assessments, app~'oving the Public Works Director's Report and authorizing collection of assessments by the Kern County Tax Collector. (Ward 3) RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Tentative Tract No. 5656, Tentative Track No. 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 ora public park and public street landscaping. Staff recommends the addition o[ territory, Area 4-19 (Alfred Harrell, 178) to the Consolidated Maintenance District. Area 4-19 is generally bounded bya 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 1" and street "tier The addition of this territory to the Consolidated Maintenance District is not prohibited by Proposition 218. The City of Bakersfield has received letters from the owners, 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 owners also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, covenants have been drafted and will be supplied to the subdivideddeveloper to be recorded with the subdivision maps. Copies of the covenants are attached for reference. Lvd February 8, 2001, 1:43PM S:\PROJECTS\MAINDIS'RADMINRPT~md4-19re01.wpd ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent ITEM: <:~. ~ , TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 7, 2001 .~..jPP~,~VED DEPARTMENT CITY MANAGER SUBJECT: A Resolution of Application proposing proceedings for annexation of uninhabited territory to the City of Bakersfield property identified as Annexation No. 418 located at the southwest corner of Meacham Road and Calloway Drive. (Ward 4) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This resolution of application proposes proceedings for annexation of uninhabited territory identified as Annexation No. 418 to the City of Bakersfield. The proposed annexation consists of approximately 2.5 acres of uninhabited land located at the southwest corner of Meacham Road and Calloway Drive. The site is developed with a Church facility. The property owner has consented to annexation and wishes to receive city services. The property has been prezoned to City R-S-lA and A zones. MO:pit admin\feb~2*28-418roa February 7, 2001, 8:56AM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: ~. ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Donna L. Kunz, Economic Development Director February 14, 2001 APPROVED DEPARTMENTHEAD 0~ CITY ATTORNEY /~' CiTYMANAGER/~/~'7~"~ Resolution Requesting an Extension of Time for the Southeast Metropolitan Bakersfield Enterprise Zone. (Wards 1 & 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: This resolution is the final Council action necessary for an application to be submitted to the State of California for a five year extension of our enterprise zone designation. The enterprise zone, a joint project between the County of Kern and the City of Bakersfield, is set to expire October 14, 2001. The State of California, however, has made the area eligible for a five-year extension. Such an extension, if approved by the State, will give enterprise zone businesses an additional five years to earn state tax benefits. This extension also will assist the City and County in marketing southeast Bakersfield to employers that create jobs and increase private sector investment in that area. California Technology, Trade, and Commerce Agency requires that each City or County applying for an extension adopt a resolution to be included in the application. In addition, the State requires that such a resolution contain language that; 1. finds the application area is in a depressed area and that the extension of the zone's designation is necessary to continue attracting private sector investment; 2. the city agrees to complete all actions stated within the application; and 3. the city agrees to offer all incentives available in the updated economic development plan. Regarding #2 above, the application contains the following actions to which the city agrees to complete: continue to commit city staff time to promote the enterprise zone; and continue to work with county staff in managing and promoting the zone. Regarding #3 above, the application contains the existing local incentives already available to zone businesses, plus three new ones, to which the city agrees to offer (either directly or indirectly). Those existing incentives that the city commits to continue to offer are; DIk: February 16, 2001, 8:48AM ADMINISTRATIVE REPORT Page 2 · Business loans using Community Development Block Grants (CDBG); · Redevelopment incentives; Team Bakersfield (coordinated permit review between departments and other outside agencies, as necessary); First Time Homebuyers Assistance; Expansion of enterprise zone boundaries (Council has approved six previous requests from businesses to expand the zone boundaries); Recycling Market Development Zone (this state program is administered county-wide by the Kern County Waste Management Department); and · Industrial Development Bond financing (the state offers this incentive, but requires the city to hold a public hearing). Those new incentives that the city commits to continue to offer are; 1. Expedited Site Plan Review Process: The normal 39 day Site Plan Review processing timeline will be reduced for zone businesses to 15 days (unless the project is of such size that it triggers a review as required under CEQA). Expedited Process Timeline for Conditional Use Permits (CUPs): Enterprise zone businesses that require a CUP hearing before the Board of Zoning Adjustment may request a special meeting to be held at no additional charge to the applicant. The would reduce the 46 day timeline necessary to 35 days. Improve the City's Enterprise Zone web site: Reviewing the portion of the web site dealing with the enterprise zone and ensure that all enterprise zone partners are linked from this site. In addition, as new partners are created, or change~ occur with existing partners, this information will be added to the site. This would be offered within 60 days of the extension approval from the state. AEached to this Administrative Report are; a draft of the Planning and Local Incentives section of the application, which contains the commitments of city and county; an outline showing all steps in the extension process and the date when each was completed; and a map of the enterprise zone. At the time this item was prepared, the Board of Supervisors was scheduled to approve a similar resolution at its February 27, 2001 meeting approving similar commitments from the county. DIk: February 16, 2001, 8:48AM QADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 15, 2001 I AGENDA SECTION: Consent J ITEM: 8. ~ , /,'A'P P~OVE D DEPARTMENT CITY MANAGER SUBJECT: Resolution of the City Council of the City of Bakersfield in support of pursuit of the development of a Kern Bluffs Corddor Open Space Plan. (Ward 3) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: A coalition of community groups, city staff and Council members have been meeting to discuss options for developing a plan to preserve an area in the northeast commonly referred to as the Kern Bluffs. The citizens group met with the Urban Development Committee on February 12 at which time options that could lead to the development of a Kern Bluffs Corridor Open Space Plan were discussed. Representatives from the group informed the committee that grants may be available to assist with the development of the plan. The group further stated that most grants would want city support and/or matching funding in order to improve their potential for success. It was agreed that a resolution based on existing adopted general plan policies could be submitted with grant applications as an indication of city support. The attached resolution has been reviewed by members of the Urban Development Committee and staff and is recommended for adoption by the City Council. SG:pjt (admin\feb~2-28kb) Februar7 15, 2001, 12:05PM ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: ~..~. TO: FROM: DATE: SUBJECT: 1. Honorable Mayor and City Council Carroll Hayden, Human Resources Manager February 16, 2001 APPROVED DEPARTMENT HF~D~fi~ CITY ATTORNEY ClTY MANAGER ~ Resolution approving a Memorandum of Understanding for the employees of the Firefighters and Engineers Unit of the Fire Department of the City of Bakersfield, for salaries and related benefits, and adopting salary schedule. Resolution approving a Memorandum of Understanding for the employees of the Fire Supervisory Unit of the Fire Department of the City of Bakersfield, for salaries and related benefits, and adopting salary schedule. RECOMMENDATION: Staff recommends adoption of the Resolutions. BACKGROUND: These resolutions are the result of meetings with the Fire Unions regarding the enhancement of their pension benefits to increase from 2% at 50 to 3% at 50, and it adopts the Memorandums of Understandings and sets the salaries and other related benefits for the employees of the Fire Unions. All issues with these bargaining units have been resolved. It is a three year agreement and proposes salary adjustments of 2% July 2, 2001, 4%, effective December 31,2001, 1% effective December 30, 2002, 2% effective June 30, 2003, 2% effective December 29, 2003 and 2% effective July 5, 2004. Other key provisions include the following: Employer paid member contribution to PERS to be considered speciality pay and thus eligible to be used in retirement calculations, effective January, 2003. · Stations 1 and 7 will be designated as heavy rescue stations. Individuals assigned to work a shift as a certified Hazardous Materials Specialist or Hazardous Materials Technician will have their premium pay increased from $10 per shift to $15 per shift. · Residency requirement will be changed to 45 minutes from City limits. Contract amendment to our Public Employers Retirement System (PERS) contract to enhance the pension benefit to 3% at 50, as soon as possible. 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 28, 2001 AGENDA SECTION: Consent Calendar ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Carroll Hayden, Human Resources Manager ~ DEPARTMENT HEAD DATE: February 14, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: Revised Job Specification, Title Change, Reclassification and Change to Salary Schedule 1) Amendment No. 6 to Resolution No. 66-99 approving memorandum of understanding for employees of the Blue and White Collar Units and adopting salary schedule and related benefits for Park Maintainer II, Park Maintainer Ill and Park Services Coordinator 2) Reclassification of Park Maintainer II to Park Maintainer III 3) Revised Job Specification & Title Change: Park Maintainer III to Park Services Coordinator RECOMMENDATION: Staff recommends adoption of the resolution and approval of the reclassification, revised job specification and title change. BACKGROUND: The Director of Recreation & Parks has proposed a reorganization that will make the following three changes: Replace the vacantAssistant Superintendent-Parks position with a Supervisorll. This will eliminate the two-tiered supervision of the division that has existed since the Director of Operations was added and help correct workload issues. The three large geographic service areas for park maintenance will be divided into four, making it easier to manage. Each of the service areas will be supervised by a Supervisor II and a Park Maintainer II1. February 15, 200t, l:10pm S:~ADMINRPT~Parks Reorganization.wpd ADMINISTRATIVE REPORT Page 2 Reclassify the Park Maintainer II to Park Maintainer III. There is one remaining Park Maintainer II position. The reclassification is necessary because the incumbent is performing Park Maintainer Ill duties and this position is needed in the organizational structure to manage one of the four geographic service areas. In addition, this will eliminate a one-position class and streamline the classification system. Retitle the Park Maintainer III classification to Park Services Coordinator. This new title more accurately reflects the responsibilities of this position. Accordingly, the job specification has been revised to incorporate these updates. SUMMARY: The revised job specification, title change and reclassification was approved by the Miscellaneous Civil Service Board at their February 20, 2001 meeting. S.E.I.U. concurs with the proposed recommendations. These changes can be made within the funds allocated to the Recreation & Parks Department and will actually create a small surplus. February 15, 2001, 1:10pm S:~ADMINRP'IAParks Reorganization.wpd ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: ~.1 . TO: Honorable Mayor and City Council APPROVED FROM: Carroll Hayden, Human Resources Manager ~ DEPARTMENT HEAD ~ DATE: February 15, 2001 CITY ATTORNEY ~ CITY MANAGER ~ SUBJECT: Revised Job Specification: Building Permit Technician RECOMMENDATION: Staff recommends approval of the revised job specification. BACKGROUND: At the request of the Building Division, the job specification for Building Permit Technician was reviewed and updated prior to opening a recruitment for the two current vacancies. The job specification changes reflect current terminology, assignments and minimum qualifications. Summary: The revised job specification was approved by the Miscellaneous Civil Service Board at their February 20, 2001 meeting. S.E.I.U. concurs with the proposed revision. There is no budgetary impact as the salary will remain the same. February 15, 2001, 1:31pm S:~ADMJNRPT~Building Permit Tech.wpd ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 IAGENDA SECTION: Consent Calendar ITEM: ~'. TO: Honorable Mayor and City Council APPROVED FROM: John W. Stinson, Assistant City Manager DEPARTMENT HEAD _~z'~ DATE: February 20, 2001 CITY ATI'ORNEY (~ CITY MANAGER ~ SUBJECT: Amendment No. 1 to Resolution No.76-00 approving and adopting the City of Bakersfield Operating and Capital Improvement Budgets for Fiscal Year 2000-01 to incorporate previous budget actions approved by the City Council. RECOMMENDATION: Staff recommends referral to Budget and Finance Committee. BACKGROUND: On June 28, 2000, the City Council adopted Resolution No.76 -00 approving and adopting the City of Bakersfield Operating and Capital Improvement Budget for the Fiscal Year 2000-01. From July 1, 2000 through December 31, 2000, Council has taken action to transfer and/or appropriate funds for specific services and as a result, the respective budgets must be amended to reflect these changes for the first six months of the fiscal year. The fiscal year 2000-01 Amended Budget is $ 308,222,690, with the Operating and Debt Service (which includes the Community Development Block Grant) Budget totaling $ 225,745,090, the Capital Improvement Program totaling $ 76,097,408, and the Central District Development Agency Budget totaling $ 6,380,192. A detailed listing of the items approved by Council action(Exhibit "A"), which amends the 2000-01 budgets, is attached. dwh s: amend 2000-01 Februa~j 22, 2001, 3:27pm ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: ~', ~. TO: FROM: DATE: SUBJECT: (1) (2) Honorable Mayor and City Council APPROVED Jacques R. LaRochelle, Interim Public Works Director DEPARTMENT HEAD February 9, 2001 ClTY ATTORI~ (,,~~''- CITY MANAGER Tract Maps/Improvement Agreements: Final Map and Improvement Agreement with Castle & Cooke California, Inc. for Tract 5848 Phase I located south of Campus Park Drive and east of Old River Road. (Ward 6) Final Map and Improvement Agreements with Rivedakes Ranch Land Development Company, LLC for Tract 5961 located west of Riverlakes Drive and south of Olive Drive. (Ward 4) 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. NOTE: THE IMPROVEMENT AGREEMENTS ARE FILED IN I THE CITY CLERK'S OFFICE FOR REVIEW. February 9, 2001, 8:52am G:\GROU PDAT~ADMINRPT~2001 \Feb28\MAPS&IMPAGR.wpd TD ADMINISTRATIVE REPORT IMEETING DATE: February28, 2001 IAGENDA SECTION: Consent Calendar ITEM: '~, ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques R. LaRochelle, Interim Public Works Director February 13, 2001 APPROVED DEPARTMENTHEAD ~ - ClTY ATTORNEY~/~ CITYMANAGER ~/~?(.~ Consultant's Agreement with RBF Consulting, $119,090, for environmental analysis of the proposed Interchange on SR178 at Fairfax Road project. (Ward 3) RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Staff is preparing a Project Report for the proposed interchange on SR178 at Fairfax Road. A portion of that document covers the environmental studies and reports for the project. As the City does not have expertise currently on staff to conduct the environmental analysis necessary for this project, the City must hire a consultant to provide the needed services. Staff recently conducted an environmental consultant selection process on another project that is comparable in scope to the current project. Staff has determined that conducting another consultant selection process for the current project would most likely result in the same determination as that recent process. Therefore, to minimize administrative costs, staff recommends that a separate consultant selection process for the current project be waived and that an agreement with RBF Consulting be approved. ADR Feb 13, 2001 Public Works, Engineering Design G:\GROUPDA'I'~.DMINRP'i~2001\Feb28~Admin Report 02_12_01 .wpd ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: ~'. ~0. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager February 8, 2001 APPROVED DEPARTMENT HEAD% CITY ATTORNEY CITY MANAGER ~ License agreement with Kern County Water Agency for constructing and maintaining six (6) recovery well turn-in structures and pipelines to the City-Owned Kern River Canal located approximately 2.5 miles west of Buena Vista Road. (Outside City Limits) RECOMMENDATION: Staff recommends execution of License Agreement. BACKGROUND: The Kern County Water Agency (KCWA) is the owner of the land located north and south of the City-owned and operated Kern River Canal in Section 10, 15 and 16, T30S/R26E., M.D.B.&M. west of Buena Vista Road. The KCWA operates the properties and recovery groundwater wells as part of the Joint Water Banking Project and the Pioneer Project Banking facility. In order to transport groundwater pumped from these banking projects, discharge piping and turn-ins to the City's Kern River Canal are needed. KCWA desires to construct and maintain six (6) new recovery well turn-in structures and pipelines from the wells to the Kern River Canal. Under this license agreement, KCWA would construct, operate and maihtain the six (6) new turn-ins within the right-of-way of the City's Kern River Canal at a point approximately 2.5 miles west of Buena Vista Road. KCWA will pay all costs to design, construct and maintain the pipeline crossings, which can only be used for groundwater recovery operations. Should damages or repairs be required of City facilities or damages to water supplies transported in the City facilities, due to the installation or operation of the turn-ins, KCWA shall bear and reimburse City such costs. This license agreement is non-exclusive and revocable by the City upon 30 days notice, at which time KCWA would be required to remove the turn-ins and pipelines and restore the premises. KCWA will indemnify the City, etal against any and all claims. February 8, 2001, 2:00PM S:~001 ADM RPTS\FE28WT1CC ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: '~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney February 16, 2001 DEPARTMENT HEAD ClTY ATTORNEY CITY MANAGER Agreement with Orrick, Herdngton & Sutcliffe, LLP, for bond counsel services for Multi-Use Stadium Certificates of Participation (not to exceed $27,500). Agreement with Cox, Castle & Nicholson, LLP, for disclosure counsel services for Multi-Use Stadium Certificates of Participation (not to exceed $30,000). Agreement with Kutak Rock, LLP, for special tax counsel services for Multi-Use Stadium Certificates of Participation (not to exceed $27,500). RECOMMENDATION: Staff recommends approval of the Agreements. BACKGROUND: The City of Bakersfield is contemplating issuing approximately $12-$16 million of certificates of participation to finance the acquisition of land for and construction of a multi-use stadium to be constructed on the north side of California Avenue between Q and T Streets. The stadium would be constructed as part of the City Center Project Sam Sperry of Ordck, Herdngton & Sutcliffe will act as bond counsel, preparing all the necessary documents to facilitate the issuance of the bonds. The fee for this service will not exceed $27,500. Additionally, the law firm will receive up to $101000 for expenses involved with the transaction. Sam Sperry has served as bond counsel on several assessment district bond issues, sewer revenue bonds, as well as the Centennial Garden certificates of participation. Bruce Graham of Cox, Castle & Nicholson will act as disclosure counsel, preparing the preliminary official statement and the official statement. The fee for this service will not exceed $30,000. Additionally, the law firm will receive up to $5,000 for expenses involved with the transaction. Like Mr. Sperry, Mr. Graham has served as disclosure counsel on many City bond transactions. S:\COU N ClL~Adrnins~stadiurnbondcounseLwpd February 16, 2001, 11:05AM ADMINISTRATIVE REPORT Page 2 David Capmra of Kutak Rock will act as special tax counsel, preparing special federal tax opinions. The fee for this service will not exceed $27,500. The law firm will be reimbursed for expenses involved with the transaction. Mr. Caprera has advised the City on tax issues involving the Arena certificates of participation. Ail counsels' fees are contingent upon the issuance of the certificates of participation, so that, if the certificates are not issued, no fees will be owed. However, Cox, Castle & Nicholson will be reimbursed for the expenses incurred whether or not the certificates are issued. Expenses for the other two firms are contingent upon issuance of the certificates. S:\COU NClL~Admins~stadiumbondcounsel,wpd Februap/16, 2001, 11:05AM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: ~. r', TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Robert Trammell, MIS Director/'~ ~ February 21, 2001 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER Memorandum of Understanding (MOU) between City of Bakersfield, County of Kern, Kern Council of Governments and Kern County Superintendent of Schools regarding creation of an Internet portal. RECOMMENDATION: Staff recommends approval of the Agreement. BACKGROUND: The City of Bakersfield, County of Kern, KernCOG and Kern County Superintendent of Schools ("the entities") have each created and maintain their own Internet sites containing information which is valuable to the public. The entities desire to create a system by which the public can access information from all entities from one location. As such, this memorandum of understanding creates an executive committee with representatives from each of the entities. This executive committee will work together to bring about a coordinated system by which the public will gain access to each of the entities' computer-based information. The proposed MOU will have the effect of organizing the agencies in preparation for the formal bid process to select a vendor to develop and maintain the Government Internet Portal. Once approved by Council, the City will , participate in the open bid process already begun by Kern County. The County of Kern approved the MOU at their February 20, 2000 meeting. Once the results of the RFP are received and reviewed by the agencies, staff will return to the Council for their further review and approval. P:\DOCUMENT~COUNC[L~Adrnin internet portal MOU.wpd Februa~J 21, 2001,4:IOPM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: ~;. ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Stan Ford, Recreation and Parks Director January 31, 2001 APPROVED DEPARTMENT HEAD~_ CITY ATTORNEY CiTY MANAG E~'~'~'~ Approval of Amendment One (1) to Agreement No. 00-167 for Acquisition and Development of Joshua McMorris Memorial Park to accept additional property for the cul-de-sac. 0Nard 2). RECOMMENDATION: Staff recommends approval of Amendment One (1) to Agreement No. 00-167. BACKGROUND: On June 28, 2000, City Council approved Agreement No. 00-167 for the acquisition and development of Joshua McMorris Memorial Park. Since that time, staff has been working closely with the Rotary Club of Bakersfield East and A-C Electric Co. to finalize details of the Memorial Park. To that extent, our meetings have resulted in the addition of e cul-de-sac at the end of Homaker Place where Memorial Park is adjacent. The cul-de-sac will be marked as a "No Parking" area and will allow public safety vehicles access to the park, as well as a wide turn around space for maintenance vehicles and equipment. A-C Electric, the owner of the subject real property, has generously agreed to donate additional lands for the addition of this cul-de-sac. Acceptance of such property requires the consent of City Council and an amendment of Agreement No.00-167 to include the legal description for this cul-de-sac. In addition, Exhibit "C" in the original Agreement was a draft of facilities contemplated to be included in Memorial Park. This Amendment proposes to modify Exhibit "C" to specifically identify the facilities and who will be responsible for their installation. Staff recommends approval of Amendment One (1) to Agreement No. 00-167. VG:alj C:\WlNDOWS\DESKTOP~Ioshua Pa.wpd February 21, 2001 FE28CA.CC ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: ~; - -'t-. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Bart J. Thiltgen, City Attorney February 16, 2001 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY~'-~ Subject: Amend City Attorney's Contract and Change Salary Schedule 1) Amendment No. 2 to Agreement No. 98-300 -- City Attorney's Contract 2) Amendment No. 12 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 City Attorney RECOMMENDATION: Staff recommends approval of the agreement and adoption of the resolution. BACKGROUND: This contract amendment implements changes to the City Attorney's Contract in accordance with the annual evaluation of Bart J. Thiltgen, City Attorney, conducted on January 31, 2000 and February 14, 2001. This amendment includes a salary increase of 4% and an increase of $500 contributed by the Employer to the City's deferred compensation plan retroactive to January 18, 2001. S:\COUNCIL'~,drn ins~,tty-AgrArn d2 wpd RMS:Iaa FE28CA1.CC February 16, 2001, 1:45pm ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: 8. Ll, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gene Bogart, Water Resources Manager February 13, 2001 APPROVED DEPARTMENTHEAD~(~, CITY ATTORNEY ~ CITY MANAGER ~ Contract Change Order No. 1 to Contract No. 00-227 with Farm Pump & Irrigation Co., Inc., $32,896.30, for "Drilling, Casing, and Pump Testing Two (2) Gravel Envelope Water Wells at Stations CBK 41 and L-208" for the Water Resources Department. (Ward 4) RECOMMENDATION: Staff recommends approval of Contract Change Order. BACKGROUND: On August 16, 2000, Contract No. 00-227 was awarded in the amount of $371,180.00 for the drilling, casing and pump testing of the domestic water deepwell facilities located within a new housing tract located north of the Kern River, east of Jewetta Avenue, south of Brimhall Road and west of Verdugo Road and on a three acre parcel at the southwest corner of Coffee Road and Norris Avenue. Contract Change Order No. 1 provides for additional well construction work for Well #L-208. After review of electric log, contract quantities were adjusted. This change order brings the total to $404,076.30. Funding for this additional work is available in the 2000-2001 fiscal year budget for this projectl PH/sr FE28WT2.CC February 20, 2001, 2:35PM ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 15, 2001 SUBJECT: IAGENDA SECTION: Consent Calendar I ITEM: APPROVED DEPARTMENT HEAD~~ C TY AWOR '/' CITY MANAGER Accept bid from Henberger Traffic Company $81,789.73, for Opticom traffic signal equipment. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: Invitations to bid were sent to four (4) vendors. Two (2) bids were received, however only one(l) was received before the deadline and is considered acceptable. Henberger Traffic Company 18 Goddard Irvine, CA 92618 in the amount of $81,789.73 P:~ADMIN~001ADMIN\CO1_0228A.wpd GJK:DW:Ijm February 15, 2001, 2:11pm ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 TO: FROM: DATE: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 16, 2001 SUBJECT: AGENDA SECTION: Consent Calendar TEM: ~ · u.~, APPROVED DEPARTMENT HEAD .-~ C TY ATTORNEY/ CITY MANAGER ~'~ Accept bid to award annual contract to Jim Alfter, Cement Contractor, not to exceed the budgeted amount of $52,400, for canal liner repair. RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This type of contract has been used by the Water Resources Department to repair concrete portions of the City's carrier and river canals for over ten years. This annual contract is for one year with an additional year renewal at the option of the City. Invitations to bid were sent to five (5) vendors. One (1) bid was received, from the current contract holder, with no significant increase in unit prices. Jim AIfter Cement Contractor 2000 Dracena Street Bakersfield, CA 93301 in the amount of $52,400.00 P:~ADMIN~001ADMIN\C01_0228C.wpd GJK:DW:Ijm February 16, 2001, 10:07am ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: '~'. ~, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 16, 2001 APPROVED DEPARTMENT HEAD CITY MANAGER Accept bid from Western Pacific Signal $582,469.48 for Light Emitting Diode traffic signal lamps. RECOMMENDATION: Staff recommends acceptance of bid. BACKGROUND: On January 31, 2001, Council appropriated $557,212 PG&E Rebate to the Public Works General Fund Operating Budget. The LED Traffic Signal Rebate Program was approved by the California Public Utilities Commission as part of an initiative to reduce peak energy demand dudng the summer months. Pacific Gas and Electric has reserved $557,212 for the City of Bakersfield under California's statewide LED Traffic Signal Rebate Program, to be reimbursed to the City upon installation of traffic signal lamps. PG&E has estimated the City's annual electricity cost savings, at current rates, to be $150,000. Should PG&E Rebate not be available due to unforeseen circumstances, a loan from the Equipment Fund for any rebate shortfall amount shall be repaid with interest at $150,000 per year. The Equipment Fund will be reimbursed over a four year period from General Fund savings realized from energy reduction a calculated at today's rate. The balance of the funds ($25,257.48) is available in the Public Works General Services maintenance account. Invitations to bid on Light Emitting Diode (LED) lamps were sent to six (6) vendors. Three (3) bids were received, as follows: Western Pacific Signal 20993 Foothill Boulevard #214 Hayward, CA 94541 in the amount of $582,469.48 Dialight Corporation 1913 Atlantic Avenue Manasquan, NJ 08736 in the amount of $620,788.00 Act One Communications, Incorporated 12735 Schabarum Avenue Irwindale, CA 91706 in the amount of $632,027,60 P:~ADMIN~2001ADMIN\O01_0228B.wpd GJK:DW:Ijrn Februa~ 22, 2001, 9:51am ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 IAGENDA SECTION: Consent Calendar ITEM: ~'. t' TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jack R. LaRochelle, Interim Public Works Director February 6, 2001 Audit Reports: APPROVED DEPARTMENT HEAD~ CITY ATTORN E'~/~-'~ / CITY MANAGER Acceptance of Independent Auditors' Report on Compliance with Contractual Requirements Relative to the Bakersfield Subregional Wastewater Management Plan for the year ended June 30, 2000. Acceptance of 1999-00 Transportation Development Act Funds Financial Statement. RECOMMENDATION: Staff recommends acceptance of audit reports. BACKGROUND: The above audit reports were referred to the Budget and Finance Committee for review and recommendation. The Committee accepted the audit reports at its Meeting of February 5, 2001. Background information for each audit report is as follows: Contract requirements contained in City of Bakersfield Agreement 76-153 as amended by Agreements 76-153(4), 77-44, 85-197 and 92-106 apply to operation of the Bakersfield Subregional Wastewater Management Plan. The City's compliance with contract requirements is audited on an annual basis. The current Compliance Report, issued by the outside auditors, indicates that the City complied, in all matedal respects, with the program's guidelines. In compliance with the Kern Council of Governments Rules and Regulations, the California Public Utilities Code section 99245, and the California Code of Regulations section 6664, the attached financial statements for the Transportation Development Act Funds were prepared for the fiscal year ending June 30, 2000. The financial statement summarizes fiscal activity for the Streets and Roads Fund, and the Bikeway and Pedestrian Fund. The accuracy and the fairness of the presentation is the responsibility of the City. The audit firm of Brown Armstrong Randall and Reyes has issued an unqualified opinion. No other reports were issued by the accounting firm in regards to the above audit reports. ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Consent Calendar ITEM: "~'- TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Gregory J. Klimko, Finance Director February 9, 2001 APPROVED DEPARTMENT HEAD ~J~" CITY ATTORNEY ~ · CITY MANAGER ~ Audit Reports: Independent Auditors Report - Single Audit Report - Schedule of Federal Expenditures for the City of Bakersfield for the fiscal year ended June 30, 2000. Independent Auditors Report on Appropriations Limit Worksheet (GANN Limit) of the City of Bakersfield for the fiscal year ended June 30, 2000. RECOMMENDATION: Staff recommends audit reports be received and referred to the Budget and Finance Committee for review. BACKGROUND: Attached is the City's Single Audit Report for the fiscal year ended June 30, 2000. The Single Audit Report pertains to federal program monies expended by the City during the specified fiscal year. An Independent Audit is performed annually to review internal controt procedures and compliance with federal guidelines in accordance with Office of Management & Budget (OMB) Circular A-133. This annual audit was performed by Brown, Armstrong, Randall, Reyes, Pautden & McCown as part of their contract to provide auditing services to the City of Bakersfield. The current compliance report, issued by the outside auditors, indicates that the City complied, in all material respects, with federal program guidelines. Attached is a letter from the City's independent auditors, Brown, Armstrong, Randall, Reyes, Paulden & McCown indicating they have completed their annual review of the Appropriations Limit Worksheet prepared by the City in accordance with Section 1.5 of Article XIIIB of the California Constitution (GANN Limit). This annual review is performed by the auditors as part of their contract to provide auditing services to the City of Bakersfield. The agreed upon review procedures are substantially less in scope than an audit and therefore no audit opinion is expressed regarding the calculation. s:\nelson\adminf~l .singleaud.gann.wpd nks ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Public Hearing ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 7, 2001 APPRO. VED DEPARTMENT HEA~. CITY ATT ORNEY~~ CITY MANAGER ~ Resolution making findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. (Wards 1-7) RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This item constitutes review of the funding mechanism for the Metropolitan Bakersfield Habitat Conservation Plan. Developers pay a $1,240 per acre fee at grading plan approval stage to compensate for direct and indirect impact on endangered species habitat from urban development. The funds are used to purchase and manage habitat consistent with the City's implementing agreement with the U.S. Fish and Wildlife Service and California Department of Fish and Game. No change in the fee is recommended at this time. No fee increase is proposed because we have been able to acquire land at very good prices, we have not yet purchased much specialty preserve property which is more expensive and urban conversion of natural lands has been minimal. As a result, increases in State charges can be absorbed while holding down the fee. The City Council approved the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) on August 25, 1993. Following final approval by the U.S. Fish & Wildlife Service, the MBHCP became operational in August of 1994. The preparation of the MBHCP and the protection afforded by it was undertaken to provide a means whereby individuals and the development community in the metropolitan Bakersfield area would be able to avoid costly project-specific mitigation in complying with State and Federal Endangered Species Acts. The program received widespread support from the development community and environmental groups. February 7, 2001, 10:59AM ADMINISTRATIVE REPORT Page 2 The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement between the City of Bakersfield and Kern County. The trust group is composed of representatives from the City of Bakersfield and Kern County, and includes advisory members from the California Department of Fish and Game, the U.S. Fish and Wildlife Service, and an at-large public member. The MBHCP document and Implementation/Management Agreement describe a capital improvement plan for utilization of the accompanying mitigation fee. Pursuant to California Government Code Section 66002, the capital improvement plan must be updated annually by the City and County. This report provides the basis for the annual update. Staff has determined that the annual update of the MBHCP Capital Improvement Plan is categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines. The MBHCP was adopted jointly by the City of Bakersfield and Kern County to mitigate the effect of urban growth on Federally and State protected plant and animal species within the 408-square mile Metropolitan Bakersfield 2010 General Plan area. The Capital Improvement Plan (CIP) involves the use of mitigation fees to offset the loss of endangered species habitat in the metropolitan Bakersfield area through the acquisition and maintenance of non-urban habitat land. So far 7,878 acres of endangered species habitat land have been credited to implementation of the Habitat Conservation Plan as required by our State and Federal permits. This places us ahead of the "take' as required by Federal and State law and our agreement. The overall Habitat Mitigation Fee (HMF) that development applicants must pay has remained at $1,240 per gross acre since the inception of the MBHCP. Non-specialty preserve acquisitions that have been completed are averaging about $290 per acre for the cost of the land. When the cost of very expensive (average $2,974/acre) specialty preserve (Bakersfield cactus) land is factored in, it raised the average cost to approximately $473 per acre. The program has acquired 317 acres of specialty preserves and no additional specialty acquisitions are anticipated in the near future. A portion of the $1,240 fee is required by wildlife agencies for fencing, enhancement and management of preserve areas. The program is self-supporting and requires no support funds from the city or county. The $1,240 per acre fee has allowed the program to operate adequately and staff does not propose to raise the HMF to compensate for those parts of the HMF that are tied to the automatic raises by the State. The Capital Improvement Plan has operated successfully in meeting the program's obligations under the terms of our agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. It is recommended that no changes in the Capital Improvement Plan are necessary and that the update should be a confirmation of the present plan. Staff will continue to monitor the adequacy of the Capital Improvement Plan to ensure that the program meets its obligations. Staff will also continue to monitor any changes that may take place in the State and Federal Endangered Species Acts to determine the need to continue the program or to renegotiate the terms of our incidental take permits from the California Department of Fish and Game and the U.S. Fish and Wildlife Service. February 8, 2001, 10:42AM ADMINISTRATIVE REPORT The Kern County Board of Supervisors conducted a public hearing on this item on December 12, 2000, and approved a similar resolution. The MBHCP and Implementation/Management Agreement describe the estimated costs of the program and indicate the extent and types of facilities (land) to be acquired with the funding soume and serve as the Capital Improvement Plan for the MBHCP. Staff is recommending adoption of the resolution updating the Capital Improvement Plan for the MBHCP. (JM:pjt) (admin~eb~2-28-hcpcip) February 7, 2001, 10:58AM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Reports ITEM: I ~ ' ~. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Cou/~c~,.~ Alan Tandy, City Manager February 20, 2001 City Center - Update and Guidance to Staff DEPARTMENTHEAD ClTY ATTORNEY CITY MANAGER RECOMMENDATION: Staff recommends that City Council provide feedback on several City Center related issues. BACKGROUND: Staff will provide a general update on the project. As we progress towards the major decisions on City Center, it is necessary to structure documents properly. In light of that, it would be beneficial to have City Council feedback on the following subjects: A. Public participation - Special Council Date. In response to a Council request, staff suggested several enhancements to the public participation process on City Center. One of these suggestions was for a special Council meeting with a one-purpose agenda - to take public comment on City Center. An off- Wednesday, March 21 st, was put up as a possibility. Note: It is expected that the Agency and City Council will hold a joint public hearing on amending the Redevelopment Plan on Mamh 14"`. All that action will do is add a stadium to the plan - it does not bind the City to a stadium project. Approval of the DDA and financing documents come on March 28"` - again after a public hearing. Any public sessions added need to be set before March 28"`. Staff is well aware of the difficulties of scheduling a Special Council meeting. Alternates for the Council were discussed at an Ad Hoc Committee meeting on February 20"'. It could include individual Council members who want to host an "open format" session at a location within their ward. Essentially, it would be a brief explanation of the project followed by public comment. In either case, whether it is the group or individually hosted meetings, staff needs direction from Council on what to set up. B. Riser heiqhts and treads (leq room). At the Council meeting of February 14th, a question was raised about going to a larger than standard set of dimensions for leg room in the stadium. Since that question was raised, the architect has done some additional work. There is no problem or substantive cost to go to the wider seat and staff will simply plan on that. Increasing the tread width or the horizontal depth of the concrete element for the seats to add leg room would require dimensional changes to the entire stadium at an estimated cost of $150,000. Pertinent to this decision is that, unlike the arena, the stadium would not have upholstered padded seats and that would provide two inches more leg room than Centennial Garden. The pitch of the seats is also FebnJary 22, 2001, 8:26am ADMINISTRATIVE REPORT Page2 different than the Garden to provide more leg room in the stadium. Also, stadium seats are open on the back, whereas arena seats are solid. You can put your feet under the seat in front of you in a stadium- you cannot at an arena. We are attempting to get samples so the differences can be experienced. Staff believes that the two inches for unupholstered, the seating pitch and the open back make the "standard' section the right one. However, with a budget increase of $150,000, the larger tread and riser can be done should that be Council preference. C. Architectural Advisory Committee. Councilmember Benham suggested this at the regular meeting of February 14t~. Since that time, staff has been in discussions with the developer and Councilmember Benham. A memo is attached sharing the outcome of those discussions. Based on the terms of the attached memo, staff recommends creation of the committee. S:',ALAN',Admin CityC ent e r.wpd February 22, 2001, 8:26am ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 'AGENDAiTEM: [ c~.SECTION:to, Reports TO: Honorable Mayor and City Council APPROVED FROM: Bart J. Thiltgen, City Attorney DEPARTMENT HEAD DATE: February 6, 2001 CITY ATTORNEY CITY MANAGER SUBJECT: Presentation by City Attorney Bart Thiltgen conceming Government Code section 1090 and FPPC Regulations -- 2001 Update Information RECOMMENDATION: BACKGROUND: City Attorney Bart Thiltgen will present update information regarding FPPC regulations and the applicability of Government Code section 1090. S:\COUNCIL~dm ins~FPPCW kshp2001 -Rpt.w pd BJT:laa FE28CA1.RPT February 6, 2001, 4:05pm ADMINISTRATIVE REPORT MEETING DATE: Februa~28, 2001 AGENDASECTION: Reports ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Jacques R. LaRochelle, Interim Public Works Director February 16, 2001 APPROVED DEPARTMENT HEAD~ CITY ATTORNEY CITY MANAGER ~)~ City Manager Report No. 2-01 regarding the Wastewater Division's Proposed Revenue Program Guide (Intedm Public Works Director Jacques R. LaRochelle). RECOMMENDATION: , BACKGROUND: The City of Bakersfield used a Iow interest State Revolving Fund (SRF) loan to finance a portion of the recent Plant 2 Upgrade/Expansion project. The SRF loan contract between the City and the State Water Resources Control Board requires the City to prepare and adopt an updated Revenue Program to ensure all costs are distributed in proportion to each user's demand on the Treatment Plant. Boyle Engineering was contracted to prepare the updated Revenue Program in accordance with current State guidelines. Mr. Brad Underwood, Public Works Operations Manager, will present to the Council a status report on the Revenue Program Guide and proposed rate changes for residential and commercial users. JRiJSLW:mrp February 16. 2001.12:50pm ADMINISTRATIVE REPORT IMEETING DATE: February 28, 2001 IAGENDA SECTION: Deferred Business ITEM: I/.q. TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 12, 2001 APPROVED DEPARTMENT CITY MANAGER SUBJECT: 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) on 4.8 acres located adjacent on the east side of Stine Road, just south of Hosking Avenue. (ZC P00-0691) (Ward 6) RECOMMENDATION: Staff recommends adoption of the Ordinance. BACKGROUND: The City Council conducted the first reading of the Ordinance on February 14, 2001. The requested zone change (ZC P00-0691) was proposed in conjunction with GPA P00-0691, which the City Council adopted on February 14, 2001. This Ordinance reflects the general plan amendment in the zoning ordinance. WC (admin\feb~2-28-0691-2) February 12, 2001, 1:10PM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: De'ferred Business ITEM: TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 20, 2001 AP,PROVED DEPARTMENT EA~~ CITY ATTOI~Y ~ CITY MANAGER ~ Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 103-22 by changing the zoning from R-1 (One Family Dwelling) and R-3 (Limited Multiple Family Dwelling) to C-2 (Regional Commercial), for property generally located between State Route- 178, Bernard Street, East Hills Mall and Mt. Vernon Avenue in northeast Bakersfield. (Zone Change No. P00-0744) (Ward 3) RECOMMENDATION: Staff recommends adoption of ordinance. BACKGROUND: The City Council conducted its hearing of the proposed zone change on February 14, 2001. In response to various issues, the Council approved a zone change to C-2 (Regional Commercial) on only that portion of the site designated for the Home Depot. The balance of the project area will only be developed by Planned Commercial Development, for that reason the zone change for the "balance" of property was denied. This ordinance implements the City Council's decision. The Home Depot project is adjacent to the East Hills Mall and the Walmart-Vons shopping center. Applicant proposes a retail center with a total gross leasable square footage is 305,000 square feet. Home Depot will consist of 145,000 square feet and other retail uses will consist of 160,00 square feet which would be subject to approval through the Planned Commercial Development zone hearings. RED (admin\feb~2-28-0744 February 20, 2001, 3:16PM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: Deferred Business ITEM: I~-c-, TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 22, 2001 APPROVED DEPARTMENT HEAD~7~ CITY ATTO RN EY'xx'~'~~ ciTY MANAGER Appropriate $30,000 in General Fund Balance to the Development Services operating budget to conduct the Downtown Charrette (~/ard 2~) RECOMMENDATION: Staff recommends approval. BACKGROUND: The Urban Development Committee met on Monday. February 12, 2001, and recommended appropriation of funds to retain the Consultant for the downtown Charrette. In addition, it is necessary to coordinate Council's calendar so that those who wish to attend may be available. MAD:p jr (admin\feb~-28char) Februar~ 22, 2001, 1:02PM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 AGENDA SECTION: New Business ITEM: I ''~ ' ct. TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council Development Services - Planning February 7, 2001 An ordinance amending Bakersfield Municipal Code Section § 1.12.040 by adding Annexation No. 414 to Ward 4, located along the north side of Brimhall Road between Jenkins Road and Allen Road. (Ward 4) RECOMMENDATION: Staff recommends first reading of Ordinance. BACKGROUND: This Ordinance amends the ward boundaries to include Annexation No. 412 area into the corresponding Council ward. The annexation was approved by Council on January 31, 2001. Estimated Annexation Ward No. Population Annexation No. 414 4 2 Annexation No. 414 is north of Brimhall Road between Jenkins Road and Allen Road.. The site consists of approximately 94 acres of uninhabited land. The site is developed with one single family residence and the property owner requested annexation to receive city services. (MO:pjt) (admin\feb~-28-a414) February 7, 2001, 11:19AM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 7, 2001 AGENDA SECTION: New Business TEM: I'D.., ~3, .~~OVED DEPARTMENT HI[AD/ C, TYA TTO RI~Y ~ ~'~ / SUBJECT: Resolution to making findings and certifying that the Final EiR has been completed in compliance with CEQA, the State EIR Guidelines and the City of Bakersfield CEQA Implementation Procedures regarding the Gateway Shopping Center generally located between Highway 99, South H Street, the Arvin-Edison Canal and Berkshire Road alignment (ZC # P00-0419). (Ward 7) RECOMMENDATION: Staff recommends to adopt resolution BACKGROUND: On January 18, 2001, the Planning Commission adopted Resolution No. 13-01 recommending the City Council certify the Final EIR for the Gateway Zone Change No. P00-0419. The City of Bakersfield, as lead agency, proposes that the Gateway Final EIR serve as the environmental document for the zone change request. The Gateway Final EIR consists of the Grand Canal EIR, the Initial Study prepared for the Gateway Zone Change, and the Responses to Comments. Paul Owhadi of Sierra Pacific Development, the applicant and property owner, has requested to change the zoning on the 64-acre site from a PCD (Planned Commercial Development) zone, known as the "Grand Canal Shopping Center" to a C-2 (Regional Commercial) zone. The proposed square footage is the same as approved for the Grand Canal project, which consists of 555,000 square feet of leasable space and 16,504 square feet for support facilities totaling 571,504 square feet of building area. The application states the Gateway shopping center development would be an outdoor shopping center consisting of anchor, specialty, and other retail and restaurant uses. The movie theater and entertainment (canal and amphitheater) portion of the Grand Canal project would be eliminated. The 75,000 square feet of building area for the eliminated movie theater would be converted to retail space. In accordance with CEQA Guidelines Section 15153, use of an EIR from an earlier project (Grand Canal GPNZC #P97-0133) for a later project (proposed Gateway Zone Change #P00-419) based on an Initial Study is appropriate when the previous EIR adequately describes the later project's setting, impacts, alternates and mitigation measures, and the later project is essentially the same as the earlier project and results in similar environmental impacts. February 14, 2001, 1:52PM ADMINISTRATIVE REPORT Page 2 The Initial Study prepared for the Gateway project provided supplemental analysis and mitigation measures for the following issues: aesthetics, noise and traffic. The applicant submitted a traffic study (Ruettgers and Schuler, October 2000) which determined traffic mitigation. Standards for EI R Adequacy (CEQA Guideline Section 15151): An EIR is one of may tools the decision-makers should use in determining whether or not to approve a project. It is not and should not be the only tool. Other tools include, but are not limited to, the general plan, zoning criteria, agency input, public input and staff analysis. The CEQA Guidelines provide the following direction regarding "standards for adequacy of an EIR:" CEQA Guideline Section 15151: An EIR should be prepared with a sufficient degree of analysis to provide decision-makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. In accordance with CEQA Guideline Sections 15151 and 15090, the Final EIR has been prepared to be a complete and good faith effort at full disclosure; and is completed in compliance with CEQA. Because a certified Final EIR can be a valuable resource for future environmental documentation, staff requests that unless clear evidence is submitted which indicates the Final EIR does not comply with CEQA, the document should be certified regardless of the project status. Certification of an Final EIR does not prejudice an action in support or opposition of the zone change request. The Final EIR should be considered only as one of the tools in the decision-making process of the zone change application. The decision-makers should consider all relevant testimony which includes but is not limited to, the EIR, public and agency input, the staff report, their own judgement, and the applicant's justification. The Gateway EIR was distributed to the City Council on February 12, 2001. JE (admin\feb~-28-0419eir) February 14, 2001, 1:52PM ADMINISTRATIVE REPORT MEETING DATE: February 28, 2001 IAGENDA SECTION: New Business ITEM: TO: FROM: DATE: Honorable Mayor and City Council Development Services - Planning February 7, 2001 /~OVED DEPARTMENT HE~____~//~. CI~ MANAGER SUBJECT: An Ordinance Amending Title Seventeen of the Bakersfield Municipal Code and Zoning Map No. 123-25 by changing the zoning of 64 + acres generally located between SR-99, Arvin- Edison Canal, South H Street and Berkshire Road alignment from a P.C.D. (Planned Commercial Development) Zone to a C-2 (Regional Commercial) Zone for the Gateway Shopping Center (# P00-0419). (Ward 7) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On February 1, 2001, the Planning Commission adopted Resolution No. 14-01 recommending the City Council approve Zone Change P00-0419, for the Gateway Shopping Center. The applicant and property owner Paul Owhadi of Sierra Pacific Development has requested a change in the zoning from the PCD (Planned Commercial Development) zone, known as the "Grand Canal Shopping Center," to a C-2 (Regional Commercial) zone for purposes of a mixed use commercial shopping center containing 555,000 square feet of leasable area and 16,504 square feet for support facilities totaling 571,504 square feet of building area for the 64-acre site. The applicant desires to obtain the development rights provided for with approval of a C-2 (Regional Commercial) zone (BMC Chapter 17.24) and rely on the design flexibility afforded by the C-2 zone for success in attracting tenants. The application states the Gateway shopping center development would be an outdoor shopping center consisting of anchor, specialty, and other retail and restaurant uses. The movie theater and entertainment (canal and amphitheater) portion of the Grand Canal project would be eliminated. The 75,000 square feet of building area for the eliminated movie theater would be converted to retail space. In addition to the mitigation measures of the Gateway Final EIR, the Planning Commission recommends other conditions of approval to address aesthetic, buffering, compatibility and noise concerns for this project. These conditions are similar to those placed on other commercial developments near residential areas. The applicant has agreed to comply with both the mitigation measures and conditions. February 7, 2001, 9:05AM ADMINISTRATIVE REPORT .ago 2 Mitigation measures related to traffic (based on a traffic study for the Gateway project), light, glare, landscaping, building setbacks, cultural resources, fire services and air quality are included as conditions of approval for the Gateway zone change. Adoption of a statement of overriding considerations is required for air quality impacts. Certification of the Gateway Final EIR must occur prior to final project approval by the City Council. The Grand Canal PCD zone consisted of a precise site plan for a destination retail center with a theme based on the canals of Venice, Italy. Shops and pedestrian ways were oriented along a 2,400 foot long man-made canal located at the center of the project site. Specific architectural elevations were approved for the project. The Grand Canal project has been approved for 555,000 square feet of leasable building area and 16,504 square feet for support uses for a total of 571,504 square feet to include factory outlet retail, commercial retail, restaurant uses, multiple screen movie theater, and outdoor amphitheater. Subsequent to the approval of the Grand Canal project, the property has been sold to Mr. Owhadi, Sierra Pacific Development, Inc. Mr. Owhadi agreed to several conditions of approval that related to aesthetics and buffering. One condition requires the developer to submit plans for the architectural and landscape theme for the entire center for the Planning Commission's review and approval. This project review would occur at the time the first building plans are submitted for Site Plan Review. JE (admin\feb~2-28-0419zc) February 7, 2001, 9:05AM