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HomeMy WebLinkAbout02/27/08_CC_AGENDA_PACKET BAKERSFIELD CITY COUNCIL AGENDA MEETING OF FEBRUARY 27, 2008 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting - 5:15 p.m. and reconvenes at 6:30 p.m. REGULAR MEETING- 5:15 p.m. 1. ROLL CALL 2. PUBLIC STATEMENTS (Regarding Workshop & Closed Session item(s) only during this portion of the meeting) 3. WORKSHOPS (15 min) a. Update of the Transportation Impact Fee Program (Staff presentation by Raul Rojas, Public Works Director) 4. CLOSED SESSION a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 b. Conference with Legal Counsel - Potential Litigation: Closed Session pursuant to subdivision (b)(1 )(3)(A) of Government Code Section 54956.9 (One issue) c. Conference with Legal Counsel- Potential Initiation of Litigation: Closed Session pursuant to subdivision (c) of Government Code Section 54956.9 (One Matter) RECONVENED MEETING - approximately 6:30 p.m. 5. ROLL CALL 6. INVOCATION by The Reverend Curtis Jenkins, Tri-Stone Baptist Church 7. PLEDGE OF ALLEGIANCE by Brianna Klopfenstein, 6th grade student, Norris Middle School. 8. CLOSED SESSION ACTION 9. PRESENTATIONS 10. PUBLIC STATEMENTS 11. APPOINTMENTS 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 4,2008 Special Joint City/County Meeting and February 13,2008 Regular City Council Meeting. Payments: b. Approval of department payments from February 1 , 2008 to February 15, 2008 in the amount of $12,492,716.02 and self-insurance payments from February 1 , 2008 to February 15, 2008 in the amount of $161,003.49 Ordinances: (Ward 7) c. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-13) of Title Seventeen of the Municipal Code by changing the zoning from an R-S (Residential Suburban) to R-1 (One-Family Dwelling) on 0.79 acres located at the northwest corner of McCall Avenue and Mesa Grande Street. (ZC 07-1737- Nelms Surveying representing the Deardeuff Family Trust). (Ward 4) 12. CONSENT CALENDAR continued d. First Reading of Ordinance amending Section 17.06.020 (Zone Map No. 102-07 and 102-18) of Title Seventeen of the Municipal Code by changing the zoning from C-1 (Neighborhood Commercial) to C-2/PCD (Regional Commercial/Planned Commercial Development) zone 23.93 acres for purposes of commercial development located at the southwest corner of Olive and Calloway Drives (ZC 07-1651 - Mcintosh & Associates representing Calloway Associates, GP) (Ward 4)* (Ward 5) (Ward 4) (Ward 4) (Ward 1) e. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-06) of Title Seventeen of the Municipal Code by changing the zoning from an A (Agriculture) zone to a C-2/PCD (Regional Commercial/Planned Commercial Development) zone on 15.1 acres; to an R-2 (Limited Multiple Dwelling Family) Zone on 7.7 acres; to an E (Estate) zone on 7.8 acres; and to and E (Estate) zone on 40.3 acres to allow for future commercial and residential development located on the south side of Seventh Standard Road, on the east and west side of Verdugo Lane (ZC 07-1893 - Marino & Associates representing Julie Randolph, et. al.) Resolutions: f. Resolution approving the submittal of an application to the California Integrated Waste Management Board (CIWMB) for all CIWMB Grants for a period of five years, 2008 - 2013. g. Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. h. Purchase of Econolite Autoscope Traffic Signal Video Detection Systems 1. Resolution determining that the traffic signal video detection systems cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $300,000. 2. Approve the purchase of thirty (30) econolite autoscopes from Econolite Control Products, Inc. in the amount of $300,000. i. Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 496 consisting of 49.50 acres, located generally south of McCutchen Road, on the west side of Gosford Road. Resolution of Intention No. 1591 adding territory, Area 1-83 (Coffee, Snow NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1592 adding territory, Area 1-84 (Etchart, Quail Creek NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. j. k. I. Resolution of Intention No. 1593 adding territory, Area 4-83 (E. Brundage, Mt. Vernon SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 2 City Council Meeting of 2/27/2008 (Ward 1) (Ward 7) (Ward 2) (Ward 7) 12. CONSENT CALENDAR continued Agreements: m. Transportation Impact Fee Agreement with Stuart Thomas Inc., dba Lenox Homes (estimated impact fee credit is $963,194) for construction of a canal bridge on Madison Street over the Arvin-Edison canal. Amendment NO.1 to Construction Management Agreement 07-194 with Lim & Nascimento Engineering Corporation ($82,697, total not to exceed $302,000) for the project known as White Lane at State Route 99 Eastbound to Southbound On-ramp Reconstruction. o. Amendment No.4 to Agreement No. 00-95 (annual maximum of $52,000 including expenses) with William Avery & Associates, Inc. for negotiation and consultant services in employer-employee relations. n. p. Chester Avenue Streetscape 1. Contract Change Order NO.2 to Agreement 06-067 with Griffith Company ($10,920 increase for a revised not to exceed amount of $1,965,942.55) from 24th Street to Garces Circle. 2. Appropriate $12,000 of Gas Tax Fund balance to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. q. Amendment to agreement and appropriation of funds to prepare Environmental Impact Report for General Plan Amendment/Zone Change No. 06-1052 (Panama/Ashe) 1. Amendment NO.1 to Agreement No. 07-190 with Jones & Stokes Associates, Inc. ($154,988.00) for preparation of an Environmental Impact Report. 2. Appropriate $15,188.00 developer's contribution to the Development Services Operating Budget in the General Fund for the EIR consultant. r. Amendment NO.2 to Agreement 06-159 with Gilliam and Sons, Inc. (adding $1,000,000 additional funds for a revised not to exceed $3,000,000) for earthmoving and hauling. Amendment NO.1 to Agreement 07-184 with outside counsel, Griswold, LaSalle, Cobb, Dowd & Gin, LLP,. (amount not to exceed $150,000) for legal services to handle right-of-way/eminent domain cases for the Westside Parkway. (Wards 2, 4 & 5) S. (Ward 2) (Ward 2) (Ward 2) t. Amendment NO.1 to Agreement 07-373 with HNTB Corporation ($1,999,843.00) for engineering and environmental services for the South Centennial Corridor - Cross Town Freeway - State Route 178 Connector. (TRIP) Contract Change Order NO.2 to Agreement 07-167 with Performance Electric ($36,186.06 increase for a revised not to exceed amount of $1,226,438.66) for the Mt. Vernon Recycling Center Power Conversion project. u. Bids: v. Accept bid from Kern Electric Distributors ($280,032.97) for decorative lights and ballards for the Mill Creek Linear Park project. 3 City Council Meeting of 2/27/2008 12. CONSENT CALENDAR continued (Wards 1 & 2) X. w. Extend bid for seven (7) replacement police special sedans 1. Extend bid from Jim Burke ($163,466.49) for seven (7) replacement police special sedans. 2. Transfer and appropriate $50,712 Self Insurance Fund balance to the Equipment Management Fund Operating Budget 3. Appropriate $112,755 Fund Balance to the Equipment Management Fund Operating Budget. Miscellaneous: Appropriate $10,000,000 California Infrastructure Bank Loan proceeds to the Capital Improvement Budget within the Old Town Kern Infrastructure Bank Fund for the Construction of Millcreek Linear Park. Staff recommends adoption of Consent Calendar items a through x. 13. CONSENT CALENDAR HEARINGS 14. HEARINGS (Ward 5) (Ward 4) a. Public Hearing to consider the Panama - Buena Vista Bridge and Major Thoroughfare Area. 1 . Resolution approving the Panama-Buena Vista Bridge and Major Thoroughfare Area and making findings thereto. 2. Adoption of Ordinance amending Section F of Section 16.32.060 of the Municipal Code relating to the Panama-Buena Vista Bridge and Major Thoroughfare Area Staff recommends approval of resolution and adoption of ordinance. b. Public Hearing to consider Resolution upholding the Board of Zoning Adjustment's (BZA) decision approving Conditional Use Permit No. 07-2183 to operate a 5,485 square foot retail jewelry store in a C-O/P.C.D. (Professional and Administrative Office/Planned Commercial Development) zone district located at 9700 Brimhall road. David Gay has appealed the BZA's decision. (Applicant/Owner: Carl M. Saenger, represented by David Y. Milazzo AlA/David R. Wilson) 1. Resolution denying the appeal and upholding Conditional Use Permit No. 07-2183. Staff recommends adoption of the resolution. 15. REPORTS 4 City Council Meeting of 2/27/2008 16. DEFERRED BUSINESS (Ward 5) a. General Plan Amendment/Zone Change 05-1580 (Ten Section), Jim Manley, representing 10 Section LLC (property owner) has applied for a general plan amendment and zone change on 220-acres located on the south of Panama Lane and east of Nord Avenue. Jim Manley has appealed the Planning Commission decision. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EI R) for General Plan Amendment 05-1580, known as the 10 Section Project. 2. Resolution approving the appeal and adopting the general plan amendment changing the land use designation from R-MP (Resource-Mineral and Petroleum) and OS (Open Space) to LR (Low Density Residential) on 220-acres. 3. First Reading of Ordinance amending Title 17 of the Municipal Code and amending Zoning Map No. 122-28 from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 220-acres. Staff recommends adoption of resolutions and give first reading to ordinance. 17. NEW BUSINESS 18. COUNCIL AND MAYOR STATEMENTS 19. ADJOURNMENT Respectfully submitted, G(~ cxJ~ ~ Alan Tandy City Manager 2/21/089:20 am 5 City Council Meeting of 2/27/2008 l C.....J.T.~:f't,~)' ~.) . ~,,~w t:,~ ".I;I.,)',\~\ AGENDA HIGHLIGHTS FEBRUARY 27,2008 COUNCIL MEETING REGULAR MEETING - 5:15 D.m. WORKSHOP The Public Works Director will give an update of the Transportation Impact Fee Program. CLOSED SESSION There will be a conference with the labor negotiator and a conference with legal counsel regarding two cases of potential litigation. CONTINUATION OF REGULAR MEETING - aDDroxlmatelv 6:30 D.m. CONSENT CALENDAR Ordinances Item 12c. First Readino of an Ordinance Accrovino a Neoative Declaration and Amendino the Municical Code bv Chanoino the Zonino from R-S (Residential Suburban) to R-1 (Sinole-Familv Dwellino) on 0.79 Acres Located at the Northwest Corner of McCall Avenue and Mesa Grande Street. Nelms Surveying, representing The Deardeuff Family Trust, proposes to bring the zoning into conformance with the existing single-family residential use and the Low Density Residential General Plan Land Use designation on the property. The site is currently developed with four single-family homes. On January 3, 2008, the Planning Commission reCommended adoption by the City Council. No one spoke in opposition to the project at the hearing. Item 12d. First Readino of an Ordinance Amendino the Municical Code bv Chanoino the Zonino from C-1 (Neiohborhood Commercial) to C- 2 !PCD (Reoional Commercial! (Planned Commercial Develocmentl on 23.93 Acres Located at the Southwest Comer of Olive and Callowav Drives. Mcintosh and Associates, representing Calloway Associates, GP, proposes a mixed-use commercial development. On January 3, 2008, the Planning Commission recommended adoption by the City Council on a 6-1 vote. On February 7, 2008, the Planning Commission approved the Preliminary Development Plan that consisted of mixed retail uses, a bank with drive-through teller window and A TM, and five restaurants. Where parking is proposed adjacent to Calloway Drive and Olive Drive, bermed landscaped areas with retaining walls along the parking area are proposed to partially screen parked vehicles. The existing block wall along the west property line will remain. Sound attenuation walls shall be required to address noise from loading dock areas. \ Item 12e. First Readina of an Ordinance Aoorovina a Neaative Declaration and Amendina the Municioal Code bv Chanaina the Zonina on the South Side of 7th Standard Road. and the East and West Sides of Verduao Lane from A (Aariculture) to C-2/PCD {Reaional Commercial/Planned Commercial Develoomentl on 15.1 Acres: to R-2 (Limited Multiole Dwellina Familv) Zone on 7.7 Acres: and to E (Estate) on 7.8 Acres and on 40.3 Acres (two seoarate oarcels divided bv Verduao Lane). Marino & Associates, representing Julie Randolph, et aI., proposes a commercial and residential development. On January 3, 2008, the Planning Commission unanimously recommended adoption by the City Council. The action will bring the zoning into conformance with the Metropolitan Bakersfield General Plan Land Use designations. The site is currently undeveloped, except for existing oil wells, and is currently in the process of annexation. No one spoke in opposition to the project at the hearing. Resolutions Item 12h. Resolution Authorizina the Finance Director to Disoense with the Biddina Process and Purchase Econolite Autoscooe Traffic Sianal Video Detection Systems in an amount not to exceed $300.000. Econolite Autoscope Model 2004 Video Detection Systems are installed at 30 intersections and work in conjunction with Econolite traffic controllers in monitoring and controlling traffic flow. Econolite discontinued the Autoscope Model 2004 processing unit and no longer supports the software. Staff proposes to replace all existing Model 2004 units with the latest model, Autoscope Rack Vision Terra. This new unit has more processing units and updated software, which will allow a faster response to traffic and better traffic flow. Replacement of the existing video detection systems will enable the use of existing Econolite compatible cameras and cabling. Funds are included in the FY 2007-08 budget. Aareements Item 12m. Transoortation Imoact Fee Aareement with Stuart Thomas Inc. dba Lenox Homes for Construction of a Canal Bridae on Madison Street over the Arvin-Edison Canal (estimated imoact fee credit is $963.194), Lenox Homes is developing a tract east of South Union Avenue and north of future Berkshire Road. As a condition of approval, Lenox Homes is required to construct a canal bridge on Madison Street over the Arvin-Edison canal. Lenox Homes requested that the Transportation Impact Fee credit available from this improvement be applied to impact fees due on the tract. The available credit is estimated at $963,194 or the actual amount of the design and construction cost of the improvement, whichever is less. Item 12r. Amendment No. 2 to Aareement No. 06-159 with Gilliam and Sons. Inc. for Earthmovina and Haulina in the amount of $1.000.000. for a revised not to exceed amount of $3.000.000. The annual contract for moving and hauling was approved on June 7, 2006. The first amendment added $1,000,000 and extended the agreement for one year. Due to extensive earthmoving and hauling related to the Mill Creek and AERA Baseball park projects, it is necessary to add additional funds to the agreement. This action will also allow for continued earthmoving work for the remainder of the contract period, which expires June, 2008. The contract will be re- opened for competitive bidding prior to the expiration date. Item 12t Amendment NO.1 to Aareement No 07-373 with HNTB Corooration for Enaineerina and Environmental Services for the Cross Town Freewav (Hwv 178 Connector) Reducina the Contract Amount bv $1.999.843. Agreement 07-373 with HNTB Corporation in the amount of $9,249,949 was approved by Council on October 24, 2007. This agreement was for engineering and environmental evaluation services for a downtown freeway alignment generally parallel to the Burlington Northern and Santa Fe Railroad corridor. Council approved another agreement with HNTB on January 30, 2008 in the amount of $11,335,155 for these same services for a connection between State Route (SR) 58 and the Westside Parkway. One of the alignments to be studied in Agreement 08-018 will be for a route extending east-west across the downtown area, similar to February 27, 2008 Agenda Highlights Page 2 what was to be looked at with former Agreement 07-373. Thus, the scope of work under both agreements would result in redundant work. There is a need to identify a specific plan line to allow preservation of right-of-way for a downtown alignment now. Therefore, staff proposes to amend and reduce the original contract to limit the work to only developing a specific plan line for a downtown alignment. Bids Item 12v. Award Contract to Kern Electric Distributors for Decorative Liahts and Bollards to the Mill Creek Linear Park Proiect in the amount of $280.032.97. Out of the 57 invitations to bid, 4 acceptable bids were received. Staff recommends awarding the contract to Kern Electric Distributors. I Miscellaneous Item 12x. Aoorooriate $10.000.000 California infrastructure Bank Loan Proceeds to the Caoital Imorovement Budcet within the Old Town Kern Infrastructure Bank Fund for the Construction of Mill Creek Linear Park. On October 24, 2007, Council authorized the Redevelopment Agency to assist the City in financing improvements to the project, and to execute and enter into a loan agreement by pledging tax increment from the Old Town Kern project area to repay the loan. The agreement was executed in the aggregate principal amount of $10 million to be repaid over 30 years. HEARINGS Item 148. Public Hearinc to Consider a Resolution Adootinc the Panama - Buena Vista Bridce and Maior Thorouchfare Area. Centex is constructing a subdivision north of the intersection of Panama Lane and Buena Vista Road. At staff's request, they agreed to include improvements to the intersection in their scope of work, provided they could be reimbursed in the future. Staff recommends approval of the resolution adopting the Panama-Buena Vista Bridge and Major Thoroughfare Area. Staff also recommends giving first reading to an ordinance that adds the Thoroughfare Area to the list of areas for which subdividers and developers are charged at the time of development or map recordation to pay the cost of C9nstructing planned facilities. Item 14b.. Public Hearinc to Consider an AODeal to the Board of Zoninc Adiustment's Decision to Aoorove a Conditional Use Permit to Ooerate a Retail Jewelry Store in a C-O/P.C.D. (Professional and Administrative Office/Planned Commercial DeveloomenU District Located at 9700 Brimhall Road. The applicant, Carl M. Saenger, represented by David Y. Milazzo AlA/David R. Wilson, requested approval of a Conditional Use Permit to permit a retail jeweler in a Commercial Office Zone at the northwest comer of Brimhall Road and Calloway Drive. Staff recommended denial. However, after the first public hearing, the Board of Zoning Adjustment (BZA) recommended approval and staff prepared conditions of approval for the hearing on January 17 , 2008. David Gay, owner of the retail center at the northeast comer of Brimhall. Road and Calloway Drive has appealed the decision of the BZA. He states that there are three existing commercially zoned comers at the intersection and believes that once one retail use is permitted within the center, the precedent for retail uses will be set. Further, Mr. Gay offered the applicant a generous lease for a pad in their center that can accommodate the jewelry store. He also stated that at the southeast corner there are buildings for sale where the zoning Is appropriate for a jewelry store. February 27,2008 Agenda Highlights Page 3 Prior to the BZA public hearing, a nearby resident submitted a letter in opposition citing negative impacts to her neighborhood associated with the office development on the site, and feels that adding a retail use into the center would result in further problems for her neighborhood. She did not provide testimony during the pUblic hearing itself. The BZA continued the item and directed staff to work with the applicant to formulate recommended conditions of approval. On January 17, 2008, the BZA unanimously approved the proposed Conditional Use Permit based upon their finding that the proposal is desirable to the public convenience. It provides a suitable location for a highly respectable small business which has been in existence in Bakersfield since 1898, and the proposal is consistent with the goals, objectives and policies of the Metropolitan Bakersfield General Plan since the site's OC (Office Commercial) land use designation is intended to accommodate business and professional office uses as well as specialty retail uses. Staff recommends denying the appeal. DEFERRED BUSINESS Item 168. General Plan Amendment and Zone Chanoe on 220 Acres Located on the South of Panama Lane and East of Nord Avenue. Jim Manley, representing 10 Section LLC, the property owner, proposes construction of a. single-family residential development. The Planning Commission recommended dEmial based on concerns regarding the health, safety, and welfare of the adjacent water bank, as well as area wildlife and. mosquito issues dealing with disease. Representatives from the Kern Water Bank Authority and Department of Fish and Game oppose the GPAlZC. A meeting was held with all parties during which new conditions were discussed to address the environmental concerns, and which appear to have resolved the outstanding issues. The pUblic hearing for this item was held on February 13, 2007. Comments were made by the Sierra Club and submitted in writing. The public hearing was closed and the matter was continued to this meeting to allow staff time to respond to those comments. Staff recommends approving and certifying the EIR, upholding the appeal and approving the General Plan Amendment. Staff also recommends giving first reading to an ordinance amending the Municipal Code and Zoning Map from A (Agriculture) to R-1 (Single-Family Dwelling). Approved: Rhonda Smiley, Assistant to the City Manager R$. 00: Department Heads City Manager's File City Clerk's Office News Media File February 27, 2008 Agenda Highlights Page 4 ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Workshop ITEM: 3. a., TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY 'Il-. CITY MANAGER Rs February 14, 2008 SUBJECT: Update of the Transportation Impact Fee Program Staff will provide a brief report on the process to update the Transportation Impact Fee. mps February 14, 2008, 8:31AM G:\GROUPDA T\ADMINRPT\2008\02-27\TIF Workshop.doc ADMINISTRATIVE REPORT MEETING DATE: February 27, 2008 AGENDA SECTION: Closed Session ITEM: J..i a. ~ b, TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 14, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED t/I tI~ es SUBJECT: 1. Conference with Labor Negotiator pursuant to Government Code section 54957.6 2. Conference with Legal Counsel - Potential Litigation Closed session pursuant to subdivision (b)(1)(3)(A) of Government Code section 54956.9. (One issue) GG:dll S:ICOUNCILICL SESSIADMINSI07-08112-12-07LABORNEGPOTLlT.DOC ADMINISTRATIVE REPORT MEETING DATE: February 27, 2008 AGENDA, ~ECTION: Closed Session ITEM: '-f. C, TO: FROM: DATE: Honorable Mayor and City Council February 21, 2008 DEPARTMENT HEAD CITY ATTORNEY APPROVED lie; I/r:- Virginia Gennaro, City Attorney CITY MANAGER fs SUBJECT: 1. Conference with Legal Counsel - Potential Initiation of Litigation Closed session pursuant to subdivision (c) of Government Code section 54956.9. (One matter). VG:vl S:ICQUNCILICI SessIAdminsI07-0812-27-08Potlnit1.doc ADMINISTRATIVE REPORT MEETING DATE: February 26, 2008 AGENDA SECTION: Consent Calendar ITEM: f,..). rr TO: FROM: DATE: Honorable Mayor and City Council Pamela McCarthy, City CleU- February 15, 2008 APPROVED DEPARTMENTHEA~~C b~ I~ CITY ATTORNEY CITY MANAGER R.s SUBJECT: Approval of minutes of the February 4, 2008 Special Joint City/County Meeting and February 13, 2008 Regular Council Meeting. RECOMMENDATION: Staff recommends approval. BACKGROUND: kt ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: f,;;). b.. TO: FROM: DATE: Honorable Mayor and City Council APPROVED DEPARTMENT HEAD /'\/-5 CITY ATTORNEY fJ:tL.. f/ CITY MANAGER R.s Nelson K. Smith, Finance Director February 15, 2008 SUBJECT: Approval of department payments from February 01, 2008 to February 15, 2008 in the amount of $12,492,716.02 and Self Insurance payments from February 01, 2008 to February 15, 2008 in the amount of $161,003.49. RECOMMENDATION: Staff recommends approval of payments totaling $12,653,719.51. BACKGROUND: RAR February 15, 2008, 9:57AM s: \Richard\AP\ADMI N-AP. doc ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGEND~ SECTION: Consent Calendar ITEM: Jd.. c TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD Jiit February 12,2008 CITY ATTORNEY . CITY MANAGER R5 SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 123-13) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an R-S (Residential Suburban) to R-1 (One-Family Dwelling) on 0.79 acres located at the northwest comer of McCall Avenue and Mesa Grande Street. (ZC # 07 -1737 - Nelms Surveying representing The Deardeuff Family Trust) (Ward 7) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On January 3, 2008, the Planning Commission held an advertised public hearing on this zone change request. and recommended adoption by the City Council. The zone change request consists of changing the zoning from an R-S (Residential Suburban) to R-1 (One-Family Dwelling) on 0.79 acres located at the northwest corner of McCall Avenue and Mesa Grande Street. The reason for the request is to bring the zoning into conformance with the existing single family residential use on the property and the Low Density Residential General Plan Land Use designation on the subject property. The site is currently developed with 4 single family homes. No one spoke in opposition to the project at the Planning Commission hearing. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. Staff recommends first reading of the zone change. February 12, 2008, 3:07PM jeng! S:\Dana\ADMINS\2008\Feb\2-27-1737 1.doc ADMINISTRATIVE REPORT MEETING DATE: February 27,2008. AGENDA SECTION: Consent Calendar ITEM: l:i,. ci . TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~.-- CITY ATTORNEY /d;;:<r February 15, 2008 CITY MANAGER /2s SUBJECT: First reading of an ordinance amending Section 17.06.020 (Zone Map No. 102-07 and 102- 18) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from C-1 (Neighborhood Commercial) to C- 2 /PCD (Regional Commercial' (Planned Commercial Development) zone on 23.93 acres for purposes of commercial development located at the southwest corner of Olive and Calloway Drives (ZC # 07 -1651 - Mcintosh & Associates representing Calloway Associates, GP) (Ward 4) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On January 3, 2008, the Planning Commission held an advertised public hearing on this zone change request, and recommended adoption by the City Council on a 6-1 vote. The zone change request consists of changing the zoning from C-1 (Neighborhood Commercial to C- 2 /PCD (Regional Commercial , (Planned Commercial Development) zone on 23.93 acres for purposes of commercial development. The proposed development plan consists of a mixed use commercial shopping center. The project site is designated General Commercial on the General Plan Land Use Map. The site is currently undeveloped. Commissioner Tragish voted no because he thought it would be best to see the Preliminary Development Plan for the shopping center. This way he would be able to judge the compatibility of the site plan and surrounding neighborhood. No one from the public spoke in opposition to the zone change. On February 7, 2008, the Planning Commission approved the Preliminary Development Plan that consisted of a total of 185,958 of building square footage. There are 158,429 square feet is mixed retail uses, a 6,229 square foot bank with drive-through teller window and A TM, and five restaurants (3 drive- through, 1 traditional, and 1 traditional with bar) totaling 21,300 square feet. Design of the center complies with the design standards for large retail developments by including architecture/building design, entryways, parking lot design, pedestrian circulation, and community space, with minor modifications as required through recommended conditions of approval of the Development Plan February 15. 2008. 10:52AM Planner jeng/ S:\ZoneChange\yr 2007\07-1651\CCIADMINFORM 1 read.doc ADMINISTRATIVE REPORT review. The proposed drive-through restaurants are situated within portions of the site that would not result in potentially adverse impacts to adjacent residential development. Where parking is proposed adjacent to Calloway Drive and Olive Drive, bermed landscaped areas with 30-inch high retaining walls along the parking area are proposed to partially screen parked vehicles. A public plaza, with seating and either a clock tower or fountain, is proposed adjacent to Buildings J and K. Pedestrian walkways along the frontages of the major retail areas. The reason for the request is to allow the developer to construct a commercial shopping center to allow for a variety of commercial uses including drive through restaurants. The existing block wall along the west property line will remain. Sound attenuation walls shall be required to address noise from loading dock areas. Based on an initial study conducted by staff, it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and approved by the Development Service Director on May 15, 2007, in conjunction with Project No. Site Plan Review # 06- 1287 and in accordance with CEQA. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. Said Negative Declaration is applicable to and appropriate for this project. Staff recommends first reading of the zone change. February 15, 2008. 10:52AM Planner jeng! S:\ZoneChange\yr 2007\07-1651\CCIADMINFORM 1 read. doc ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: t.:], e, TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ February 12, 2008 CITY ATTORNEY _ CITY MANAGER es SUBJECT: First reading of an ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map No. 102-06) of Title Seventeen of the Bakersfield Municipal Code by changing the zoning from an A (Agriculture) zone to a C-2/PCD (Regional Commercial/Planned Commercial Development) zone on 15.1 acres; to an R-2 (Limited Multiple Dwelling Family) Zone on 7.7 acres; to an E (Estate) zone on 7.8 acres; and to an E (Estate) zone on 40.3 acres to allow for future commercial and residential development located on the south side of Seventh Standard Road, on the east and west sides of Verdugo Lane (ZC #07 -1893 - Marino & Associates representing Julie Randolph, et. al.) (Ward 4 upon annexation) RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On January 3, 2008, the Planning Commission held an advertised public hearing on this zone change request, and unanimously recommended adoption by the City Council. The zone change request consists of changing the zoning from an A (Agriculture) zone to a C-2/PCD (Regional Commercial /Planned Commercial Development) zone on 15.1 acres; from an A (Agriculture) zone to an R-2 (Limited Multiple Dwelling Family) Zone on 7.7 acres; from an A (Agriculture) zone to an E (Estate) zone on 7.8 acres; and from an A (Agriculture) zone to an E (Estate) zone on 40.3 acres to allow for future commercial and residential development. The reason for the request is to bring the zoning into conformance with the Metropolitan Bakersfield General Plan Land Use designations on the subject property. The site is currently undeveloped, except for existing oil wells. The project site is currently in the process of annexation to the City of Bakersfield. No one spoke in opposition to the project at the Planning Commission hearing. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly affect the physical environment or existing residential development in the area, therefore a Negative Declaration was prepared and advertised. An Agriculture Land Conversion Study, Air Quality Impact Study, and Phase I Cultural Resources Study were provided. There was less than significant impact related to agriculture conversion and air quality issues and no mitigation is required. However, if cultural resources uncovered during ground disturbance, the developer must consult with a qualified archeologist. With this cultural resource mitigation measure, the impact is less than significant. Staff recommends first reading of the zone change. Jengl S:\ZoneChange\yr 2007\07-1893\CC\ADMIN 1 read.doc February 12. 2008 ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent ITEM / J. -p. February 8, 2008 CITY ATTORNEY CITY MANAGER APPROVED ~. ~ TO: FROM: DATE: Honorable Mayor and City Council Stanley G. Grady, Development Services Director DEPARTMENT HEAD SUBJECT: A Resolution of the Council of the City of Bakersfield approving the submittal of an application to the California Integrated Waste Management Board (CIWMB) for all CIWMB Grants for a period of five years, 2008 - 2013. RECOMMENDATION: Adopt the Resolution. BACKGROUND: With approval by Council, in 2006 the City of Bakersfield began a Waste Tire Enforcement and Waste Tire Cleanup program. The grant funded staff time directly related to development, implementation and monitoring of these programs. This is an effective way to address the City of Bakersfield's need to educate tire dealers and auto dismantlers of their responsibilities and reduce the illegal disposal of waste tires. The program will be comprehensive, informative and allows for enforcement action when necessary. It provides for correcting of waste handling problems, reducing long-term disposal problems, identifying illegal waste tire haulers, encouraging compliance and providing for the cleanup of illegally dumped tires. Previously the resolution and grant applications were required to be submitted on a yearly basis. In an effort to streamline the process, the CIWMB now accepts resolutions that authorizes up to 5 years of grant application submittals. The proposed resolution extends, for 5 years, our ability to apply for these grants and other similar grants, available through the California Integrated Waste Management Board for a five year period from July 1 st. 2008 through June 30th, 2013. February 5. 2008. 8:23AM S:\CODE ENFORCEMEN1\Grants\Tire Enforcement Grant\2007-2008\admin report Tire Enf.Grant 08.doc ADMINISTRATIVE REPORT AGENDA SECTION: Consent ITEM f.~. a. () MEETING DATE: February 27.2008 TO: FROM: DATE: Honorable Mayor and City Council Stanley G. Grady, Development Services Director DEPARTMENT HEAD APPROVED February 15, 2008 CITY ATTORNEY CITY MANAGER !?v- I!- SUBJECT: Property Abatements Resolution confirming approval by the Assistant City Manager of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorize collection of the assessments by the Kern County Tax Collector. RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: Assessment hearing was held on February 11, 2008, by the Assistant City Manager and all proposed charges were confirmed. The subject properties listed below were in violation of Chapter 8.27 of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such publiC nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed as follows: APN COST PROPERTY LOCATION Ward 1/Councilmember Irma Carson 1. 2. 3. 4. 5. 3304 Cottonwood Rd 3470 Cottonwood Rd 1617 De Wolfe St 3320 Elda Ave 406 EI Fuerte Ave 172-043-38 172-043-37 019-101-01 172-122-27 516-072-21 $ 360.00 $ 380.00 $ 850.00 $ 680.00 $ 800.00 February 12. 2008. 11 :49AM C:\Documents and Settings\bbrown\Desktop\ADMIN\admin Feb 2008.doc ADMINISTRATIVE REPORT Page 2 PROPERTY LOCATION APN COST Ward 1/Councilmember Irma Carson 6. 1408 EI Toro Dr 011-440-09 $ 300.00 7. 608 Haley St 019-101-02 $ 575.00 8. 231 L St 010-260-03 $ 775.00 9. 101 Lois Ln 412-162-02 $ 300.00 10. 3500 Lotus Ln 172-092-34 $ 470.00 11. 3513 Lotus Ln 172-134-03 $ 520.00 12. 1708 Madison St 170-080-14 $ 300.00 13. 327 Dr MK Jr Blvd 019-181-15 $ 398.00 14. Lot south of 3524 Meeks Ave 172-134-16 $ 670.00 15. 312 Northrup St 018-290-09 $ 585.00 16. 3406 Oliver St 172-101-41 $ 820.00 17. 915 Watts Dr 170-132-09 $ 300.00 18. 1209 Wilson Rd 022-021-09 $ 1,240.00 19. 640 3rd St 139-294-25 $ 1,160.00 20. Lot north of 3501 Shellmacher Ave 172-122-15 $ 510.00 Ward 21Councilmember Sue Benham 21. 524 Homaker PI 002-112-30 $ 700.00 22. 3212 Mulberry Dr 001-381-17 $ 680.00 23. 606 33rd St 002-041-08 $ 585.00 Ward 3/Councilmember Ken Weir 24. 2800 Century Dr 382-071-08 $ 435.00 25. 3013 Maywood Dr 146-114-12 $ 525.00 Ward 5/Councilmember Harold Hanson 26. 7009 Outingdale Dr 339-411-04 $ 670.00 27. 3701 Seligman Dr 385-364-17 $ 688.00 Ward 61Jackie Sullivan 28. 6300 Alderpointe St 498-131-01 $ 575.00 29. 1712 Brook St 172-053-40 $ 1,250.00 30. 5904 Cardiff Ave 355-251-21 $ 585.00 31. 2800 Edmonton St 441-292-02 $ 525.00 32. 5519 Halifax St 355-181-07 $ 575.00 February 12. 2008, 11 :49AM C:\Documents and Settlngs\bbrown\Desktop\ADMIN\admin Feb 2008.doc ADMINISTRATIVE REPORT PROPERTY LOCATION Ward 7/Zack Scrivner 33. 4321 Balboa Dr 34. 4341 Balboa Dr 35. 3506 Calico Rock Ct 36. 1901 Maurice Ave 37. 1900 Ming Ave 38. 2113 Ming Ave 39. Lot on Ming & Hughes north of Carl's Jr 40. 4509 Napal Ct 41. 4331 Palmacia Dr 42. 6409 Springbrook Dr 43. Lot N/W of So H St & Berkshire Rd Page 3 of 3 APN COST 171-183-03 171-183-05 515-391-09 372-301-09 148-290-10 023-191-06 148-092-20 171-230-21 171-182-04 413-111-40 515-010-24 $ 570.00 $ 750.00 $ 1,275.00 $ 495.00 $ 300.00 $ 375.00 $ 575.00 $ 550.00 $ 380.00 $ 300.00 $ 800.00 The owners of the above-mentioned properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed above were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners had been given notice of their right to appear at the hearing on this matter before the City Manager or his designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The Assistant City Manager has approved the assessments associated with the above mentioned properties. The Council will need to confirm the approval of the Assistant City Manager of the costs incurred by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. February 14, 2008. 9:30AM C:\Documents and Settings\bbrown\Desktop\ADMIN\admln Feb 20OS.doc ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: /.:) > J..... TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED February 11, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Purchase of Econolite Autoscope Traffic Signal Video Detection Systems. 1. Resolution determining that the traffic signal video detection systems cannot be obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, not to exceed $300,000.00. 2. Approve the purchase of thirty (30) Econolite Autoscopes from Econolite Control Products, Inc. in the amount of $300,000.00. RECOMMENDATION: Staff recommends adoption of the Resolution and approval of the purchase. BACKGROUND: Econolite Autoscope Model 2004 Video Detection Systems are installed at thirty (30) signal-controlled intersections in the City of Bakersfield and work in conjunction with the Econolite traffic controllers in monitoring and controlling traffic flow. The oldest of the video detection systems was installed in 1992. Each of the video detection systems is comprised of a processing unit, camera and cabling. Econolite Control Products, Inc. discontinued production of the Autoscope Model 2004 processing unit in 2002 and is no longer supporting the software component with upgrades and fixes. Additionally, the operating system of the Autoscope Model 2004, which is DOS-based, has limited processing capacity and the units have to be manually set on foggy days and then re-set when the weather clears, resulting in traffic delays. Econolite has replaced the Autoscope Model 2004 with the Autoscope Rack Vision Terra. Staff plans to replace all of the remaining Autoscope Model 2004 processing units over the next year with Autoscope Rack Vision Terra. The Autoscope Rack Vision Terra is windows-based and has four processing units which will allow a faster response to traffic and better fog recognition algorithm, thus facilitating better traffic flow throughout the City's traffic grid. Replacement of the existing video detection systems with the Autoscope Rack Vision Terra will enable the City to use the existing Econolite-compatible cameras and cabling. Funds for the purchase of thirty (30) replacement units are in the FY 2007-2008 Adopted Budget. Purchasing Division S:\PURCH\ADMIN\Autoscopes. Sole Source, February 27. 2008.doc ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: f d. j TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director February 8, 2008 APPROVED DEPARTMENT H~ CITY ATTORNEY , CITY MANAGER I!.E SUBJECT: Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 496 consisting of 49.50 acres, located generally south of McCutchen Road, on the west side of Gosford Road. (Ward 5) RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The resolution of application proposes proceedings for annexation of uninhabited territory to the City of Bakersfield identified as Annexation No. 496 consisting of 49.50 acres, located generally south of McCutchen Road, on the west side of Gosford Road. The annexation is adjacent to the City limits and is within the City's Sphere of Influence boundary. The property owner has consented to annexation. The proposal is to annex the land for development purposes and receive city services. The exchange of property tax revenues for this annexation will be covered under the master tax split agreement (Memorandum of Understanding 05-015) between the City of Bakersfield and County of Kern. The basis for this determination is that this annexation is covered under b. 7. of the agreement "Annexation of Uninhabited Land and Residential Development." DL:dc S:\Annexation\Res of Applic\Admin Draft 496.doc ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: i'd. L v TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director February 13, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER 71L-ED /~t14- Is SUBJECT: Resolution of Intention No. 1591 to add territory, Area 1-83 (Coffee, Snow NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. CNard 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 7030 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping. Area 1-83 is generally bounded by a line approximately 1.200 feet north of Snow Road on the north, a line approximately ~ mile east of Coffee Road on the east. Snow Road on the south and Coffee Road on the west. This area will be under the streets cape zone of benefit and will be assigned an appropriate tier level when street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr February 13, 2008, 12:49PM MD1-83Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: I(i. K. TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED IVl- I~ , f-s February 14, 2008 SUBJECT: Resolution of Intention No. 1592 to add territory, Area 1-84 (Etchart, Quail Creek NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. (Ward 4). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owner of Tentative Tract No. 7031 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of street landscaping. Area 1-84 is generally bounded by a line approximately 1,320 feet north of Etchart Road on the north, a line approximately 1,980 feet east of Quail Creek Road on the east, Etchart Road on the south and Quail Creek Road on the west. This area will be under the streetscape zone of benefit and will be assigned an appropriate tier level when street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr February 14,2008, 9:09AM MD 1-84Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: I;). l., TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED t!fl:- PM es February 14, 2008 SUBJECT: Resolution of Intention No. 1593 to add territory, Area 4-83 (E. Brundage, Mt. Vernon SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. 0Nard 1). RECOMMENDATION: Staff recommends adopting the Resolution. BACKGROUND: A written request has been received by the City Engineer from the owners of Parcel Map No. 11802 to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. Area 4-83 is generally bounded by E. Brundage Lane on the north, a line approximately Y2 mile east of Mt. Vernon Avenue on the east, State Highway Route No, 58 on the south and Mt Vernon Avenue on the west. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next City Council meeting. The City of Bakersfield has received a letter from the owner of the property described above which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner also has submitted a Proposition 218 ballot indicating his consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be supplied to the subdivider/developer to be recorded with the subdivision map. A copy of this covenant is attached for reference. mr February 14, 2008. 9:28AM MD4-83Ri05.dot ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: r:J. 1Y7.. TO: Honorable Mayor and City Council FROM: DATE: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER /Gs February 1, 2008 SUBJECT: Transportation Impact Fee Agreement with Stuart Thomas Inc. dba Lenox Homes for construction of a canal bridge on Madison Street over the Arvin-Edison canal (estimated impact fee credit is $963,194). fYVard 1) RECOMMENDATION: Staff recommends approval of agreement. BACKGROUND: Lenox Homes is developing Tentative Tract Map 6611 located east of South Union Avenue and north of future Berkshire Road. As a condition of approval of Tract 6611, Lenox Homes is required to construct a canal bridge on Madison Street over the Arvin-Edison canal. Lenox Homes has requested that the transportation impact fee credit available from this improvement be applied to impact fees due on Tract 6611. The available credit is estimated at $963,194.00 or the actual amount of the design and construction cost of the improvement, whichever is less. phs February 6, 2008, 1 0:28AM G:\GROUPDAT\ADMINRPT\2008\02-27\AdminRpt_Lenox Homes TIF Agr.doc ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: '1 'I 0<. 11, TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director Ap.PROVED DEPARTMENT HEAD p'L..,., CITY ATTORNEY I!-- CITY MANAGER Rs February 11, 2008 SUBJECT: Amendment NO.1 to Construction Management Agreement 07-194 with Lim & Nascimento Engineering Corporation for the project known as White Lane at State Route 99 Eastbound to Southbound On-ramp Reconstruction (Ward 7): RECOMMENDATION: Staff recommends approval of the amendment. BACKGROUND: During the construction of the White Lane at State Route 99 Overcrossing Widening and Interchange Improvement project (completed in 2005) it was discovered that some of the improvements could not be built to meet current Caltrans standards without modifications to the eastbound to southbound on-ramp. It is Caltrans policy to reconstruct the entire on-ramp to meet current Caltrans Standards if the ramp is modified by an improvement project. This project reconstructs the Eastbound to Southbound on-ramp to meet current Caltrans standards. Due to unforeseen utility delays discovered after construction began, the completion date for this project has been extended by approximately three months. This extension will also require Construction Management Services, currently being provided by Lim and Nascimento Engineering Corporation (LAN), for this period of time. This amendment will increase the compensation to LAN under Agreement No. 07- 194 by $82,697.00 for a total amount not to exceed $302,000.00. February 13, 2008, 2:35PM G:\GROUPDA T\ADMINRPT\2008\02-27\Amend LAN Agreement 07 -194.doc ADMINISlRA liVE REPORT MEETING DATE: February 27, 2008 " '-.J AGENDA SECTION: Consent ITEM: I,,:;, C TO: FROM: DATE: Honorable Mayor and City Council Javier Lozano, Human Resources Manage*EPARTMENT HEAD February 1,2008 CITY ATTORNEY CITY MANAGER APPROVED ~ t/& Rs SUBJECT: Amendment NO.4 to Agreement No. 00-95 with William Avery & Associates, Inc. for Negotiation and Consultant Services in Employer-Employee Relations for an annual maximum of $52,000 including expenses. RECOMMENDATION: Staff Recommends approval of the amendment. BACKGROUND: On February 27, 2007, the City Council approved Mr. Avery's consulting agreement for a one year. extension period ending March 1, 2008. Mr. Avery has had a long history with the City (almost 24 years) providing consulting services in labor negotiations and ongoing labor relations issues. Mr. Avery has been very successful in building positive working relationships between employee labor groups, staff and Council. He also has a unique understanding of the City's labor relations history and knowledge of past labor practices which will be critical as we approach Union negotiations later this year and into early 2009. The cost will be increased for 2008 from the monthly fees of $2,600 per month to $3,500 and a $10,000 maximum reimbursement for travel and lodging fees. This would be an agreement for Negotiation and Consultant Services in Employer-Employee Relations totaling a maximum of $52, 000 for two years. This amendment guarantees Mr. Avery's services and rate from March 1, 2008 to March 1, 2010. Staff recommends approval of the agreement. S:\ADMINRPT\Avery 2008-2009 Labor Relations - revised.doc ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: f:J. D. f TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER DATE: February 11, 2008 SUBJECT: Chester Avenue Streetscape: 1. Contract Change Order No.2 to Agreement 06-067 with Griffith Company ($10,920.00 increase for a revised not to exceed amount of $1,965,942.55) for Chester Avenue Streetscape from 24th Street to Garces Circle. (Ward 2) 2. Appropriate $12,000 of Gas Tax Fund Balance to the Public Works Department's Capital Improvement Budget within the Gas Tax Fund. RECOMMENDATION: Staff recommends approval of appropriation and contract change order BACKGROUND: This project provides for median islands, landscaping, and street lighting on Chester Avenue from 24th Street to the Garces Circle. This Change Order corrects an error on Contract Change Order NO.1 (CC01) for additional curb and gutter that was poured on this project. The unit price listed in CC01 was $60.00 per lineal foot. The correct unit price for this item is $130.00 per lineal foot resulting in a needed adjustment of $70.00 per lineal foot for the 156 lineal feet of additional curb and gutter installed on this project. This resulting adjustment will result in a total cost increase of $10,920.00. This is the second change order to be submitted for this project. This change order will increase the project total by $10,920.00. The change orders to date on this project reflect a net increase of $43,203.55 (which is an increase of 2.2% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $1,922,739.00 $1,965,942.55 $ 43,203.55 . = = G:\GROUPDAT\ADMINRP1\2008\02-27\CCO 2 Chester Streetscape.doc RM ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: ! ()~ 0 D TO: FROM: DATE: Honorable Mayor and City Council APPROVED Stanley C. Grady, Development Services Director DEPARTMENT HEAD ~ February 7, 2008 CITY ATTORNEY fJrM CITY MANAGER IJs SUBJECT: Amendment to agreement and appropriation of funds to prepare Environmental Impact Report for General Plan Amendment! Zone Change No. 06-1052 (Panama/Ashe) (Ward 7) 1. Amendment NO.1 to Agreement No. 07-190 with Jones & Stokes Associates Inc. for $154,988.00 for preparation of an Environmental Impact Report. 2. Appropriate $15,188.00 developer's contribution to the Development Services operating budget in the General Fund for the EIR consultant. RECOMMENDATION: Staff recommends approval of amendment to the agreement and appropriation of funds. BACKGROUND: This additional amount of $15,188.00 has been deposited by the applicant, Maurice J. Etchechury, representing the John M. Antongiovani Trust. The total contract amount with Jones & Stokes Associates Inc., the EIR consultant, is $154,988.00. No City funding is required for this contract. As with all EIRs, the funds to pay the consultant costs and staff's time and materials to process the EIR come from the project applicant. The budget amendment to the agreement is to recover costs associated with additional peer review of studies, work associated with the hydrology chapter, and additional printing. The project consists of a General Plan Amendment, Zone Change, and Planned Unit Development at the southwest corner of Panama Lane and Ashe Road. The proposed development includes approximately 138,000 square feet of retail commercial space on 20 acres. The Planning Commission will hold a public hearing on the GPAlZone Change and EIR on March 20, 2008. RB J S:\GPA 1st 2008\06-1052 Panama Ashe EIR\EIR\RFP\adm rept amend agreement.doc February 19, 2008 ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: l_:J, r-, TO: FROM: DATE: Honorable Mayor and City Council Nelson Smith, Finance Director DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED pj II- February 15, 2008 SUBJECT: Amendment No. 2 to Agreement No. 06-159 with Gilliam and Sons, Inc. for Earthmoving and Hauling adding $1,000,000 additional funds for a revised not to exceed contract amount of $3,000,000. RECOMMENDATION: Staff recommends approval of amendment to the Agreement. BACKGROUND: On June 7, 2006, Council awarded the annual contract for Earthmoving and Hauling to Gilliam and Sons, Inc. Amendment No. 1 was executed on June 6, 2007 adding $1,000,000 to the contract and extending the Agreement for one year. Due to extensive earthmoving and hauling related to the Mill Creek project and the AERA Baseball Park project it is necessary to add additional funds to this Annual Contract. This amendment (Amendment No.2) will add $1,000,000 to the Agreement for a revised not to exceed contract amount of $3,000,000 thus allowing for continued earthmoving work for the remainder of this contract period (June 2008). This contract will be re-opened for competitive bidding prior to the June 2008 expiration date. Purchasing Division S:\PURCH\ADMIN\Amendments\Amendment #2 to Gilliam and Sons, Inc., Agreement No. 06-149(1), February 27, 2008.doc February 15, 2008, 11 :43AM ADMINISTRATIVE REPORT MEETING DATE: February 27, 2008 AGENDA SECTION: Consent Calendar ITEM: /.1, /.,. TO: FROM: DATE: Honorable Mayor and City Council Virginia Gennaro, City Attorney February 15, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER APPROVED V'- t/~ es SUBJECT: Amendment No.1 to Agreement No. 07-184 with outside counsel, Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P., to provide legal services to handle right-of-way/eminent domain cases for the Westside Parkway, in an amount not to exceed $150,000. (Wards 2, 4, and 5) RECOMMENDATION: Staff recommends approval of the amendment to the Agreement. BACKGROUND: On June 27,2007 the City and the law firm of Griswold, LaSalle, Cobb, Dowd & Gin, L.L.P. entered into Agreement No. 07-184 whereby Griswold, LaSalle agreed to handle six right-of-way/eminent domain matters on behalf of the City for the Westside Parkway. The City is currently expediting the acquisition of property along the Mohawk extension portion of the Westside Parkway in order to secure necessary funding for the project from the State of California. As part of this process, the City needs to obtain temporary construction easements ("TCEs") over parcels the City has already acquired for purposes of building the Mohawk extension portion of the Wests ide Parkway. The law firm of Griswold LaSalle has agreed to handle all legal matters involved in obtaining of the TCEs for four parcels (identified as the Mangus, Daisa, Janes and Chemex properties). For this additional work, the law firm has agreed to an additional $50,000 in compensation, thereby making the total contract amount $150,000. Funds to pay for attorneys' services have been budgeted in the Public Works Department and are covered by State Transportation Improvement Program money. RMS:lsc S:\CCUNCIL\Admins\07 -08 Admins\AnyAgr07 -184Amd1.GriswoldLasSalle-WP .dot February 15, 2008, 10:54AM ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: / d. t. February 19, 2008 APPROVED DEPARTMENTHEAD~ CITY ATTORNEY JJ1;1J . TO: FROM: DATE: Honorable Mayor and City Council Raul M. Rojas, Public Works Director CITY MANAGER /?S SUBJECT: Amendment No. 1 to Agreement 07-373 with HNTB Corporation ($1,999,843.00) for Engineering and Environmental Services for the South Centennial Corridor - Cross Town Freeway - State Route 178 Connector (Ward 2) RECOMMENDATION: Staff recommends approval of amendment to agreement. BACKGROUND: Agreement 07-373 with HNTB Corporation in the amount of $9,249,949.00 was approved by the City Council on October 24, 2007. This agreement was for engineering and environmental evaluation services for a downtown freeway alignment generally parallel to the Burlington Northern and Santa Fe Railroad corridor. The Council also approved Agreement 08-018 on January 30, 2008 in the amount of $11,335,155.00 with HNTB Corporation for engineering and environmental evaluation services of a connection between State Route (SR) 58 and the Westside Parkway. One of the alignments to be studied in Agreement 08-018 will be for a route extending east-west across the downtown area, similar to what was to be looked at with former Agreement 07-373. Thus continuing with both agreements with the scopes as written would result in redundant work being performed. However there is a need to identify a specific plan line to allow preservation of right-of-way for a downtown alignment now. This downtown alignment is also shown on the circulation element of the current Metropolitan General Plan. Therefore, staff proposes to amend and reduce the original contract with HNTB to limit the work to only developing a specific plan line for a downtown alignment. Some of the work for development of this downtown alignment will be accomplished with the SR58 connection work, and so a significant scope and cost reduction for this contract is appropriate. Due to the voluminous nature of the exhibits to this agreement, they are on file in the City Clerk's Office for review. ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: I 'J . 10(' v.... TO: Honorable Mayor and City Council FROM: Raul Rojas, Public Works Director DATE: February 12, 2008 CITY MANAGER SUBJECT: Contract Change Order No.2 to Agreement 07-167 with Performance Electric ($36,186.06 increase for a revised not to exceed amount of $1,226,438.66) for the Mt. Vernon Recycling Center Power Conversion project. (Ward 2) RECOMMENDATION: Staff recommends approval of contract change order. BACKGROUND: This project provides for installing a 21 kilovolt main line to various areas at the Mt. Vernon Recycling Facility as part of the electrification of this facility. This main line will power various pieces of equipment used in the recycling of various products. Two additional 1600 amp circuit breakers need to be installed in order to safeguard the electrical motors/components of the brush grinder and Trommel at the brush pad in Area 1 of the recycle facility. The contractor has agreed to accept a lump sum of $28,112.22 as full compensation to provide and install these breakers. An additional 370 feet of 2-inch conduit needs to be installed from the existing communication system at the site to the switch gear location in Area 2 of the recycling facility. This communication line is for use by PG&E to monitor their equipment. The contractor has agreed to accept a lump sum of $9,527.72 as full compensation to provide and install the 2-inch conduit. During the course of construction it was determined that two 4-inch conduits, each 140 feet in length, need to be installed for future electrical equipment. The contractor has agreed to accept a lump sum of $6,705.60 as full compensation to provide and install the 4-inch conduit. During the course of construction the engineer determined the need for the additional purchase and installation of disconnect equipment for the electrical equipment. These items are necessary in order to comply with the electrical code. These disconnects will provide for disconnecting the electrical power to the equipment during maintenance activities. The contractor has agreed to accept a lump sum of $16,460.52 as full compensation for doing this work. Asphalt trench patching on this project conflicts with a required water distribution/spray system that needs to be installed in the same trenches as the electrical distribution system. City personnel will install the water system and patch back the trench with asphalt at a later date. The contractor has agreed to credit the City of Bakersfield in the amount of ($21,870.00) for the deleting the asphalt trench patching. During the course of construction, it was discovered that 200 lineal feet of 2-inch conduit to the "Feed Bunker" can be deleted from this contract since this area will not be a part of the system at this time. The G:\GROUPDAT\ADMINRPT\2008\02-27\CCO 2 Mt Vernon Recycle Power Conversion.doc RM ADMINISTRATIVE REPORT contractor agreed to credit the City of Bakersfield in the amount of ($2,750.00) for the above noted deletion. This is the second change order to be submitted for this project. This change order will increase the project total by $36,186.06. The change orders to date on this project reflect a net increase of $43,851.06 (which is an increase of 3.7% of the original contract amount) as illustrated below: . Original Contract Amount Amended Contract Agreement after Change Orders Net Increase to date = $1,182,587.60 $1,226,438.66 $ 43,851.06 . = = G:\GROUPDAT\ADMINRPT\2008\02-27\CCO 2 Mt Vernon Recycle Power Conversion.doc AU ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: I;). v, TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED February 11, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Accept bid from Kern Electric Distributors in the amount of $280,032.97 for Decorative Lights and Bollards for the Mill Creek Linear Park Project. Ward 2 RECOMMENDATION: Staff recommends acceptance of the bid for Decorative Lights and Bollards. BACKGROUND: Invitations to bid were sent to fifty-seven (57) suppliers of lighting equipment. Four (4) acceptable bids were received in response to the solicitation as follows: BIDDER AMOUNT $280,032.97 Kern Electric Distributors Bakersfield, California Consolidated Electrical Distributors Bakersfield, California $280,345.33 WESCO Bakersfield, California $281,383.25 Stewart Electric Supply Bakersfield, California $281,889.89 Staff finds the low bid to be acceptable and recommends award of the bid to Kern Electric Distributors, in the amount of $280,032.97. Purchasing Division S:\PURCHIADMIN\Decorative Lights and Sollards, #07-08-65. February 27, 2008.doc ADMINISTRATIVE REPORT MEETING DATE: February 27, 2008 AGENDA SECTION: Consent Calendar ITEM: /:J. . uJ , TO: FROM: DATE: Honorable Mayor and City Council Nelson K. Smith, Finance Director APPROVED February 11, 2008 DEPARTMENT HEAD CITY ATTORNEY CITY MANAGER SUBJECT: Extend bid for seven (7) replacement police special sedans: 1. Extend bid from Jim Burke Ford in the amount of $163,466.49 for seven (7) replacement police special sedans. 2. Transfer and Appropriate $50,712 Self Insurance Fund Balance to the Equipment Management Fund Operating Budget. 3. Appropriate $112,755 Fund Balance to the Equipment Management Fund Operating Budget. RECOMMENDATION: Staff recommends extension of bid and approval of appropriations and transfers. BACKGROUND: At the Council meeting of November 28, 2007, Jim Burke Ford was awarded the bid for the purchase of police special sedans (patrol vehicles). The bid specifications included a provision whereby, with the written approval of both the bidder and the City, the City may purchase additional units at the same per unit cost within one year after acceptance of the original bid. Jim Burke Ford has indicated their approval of extending the same per unit cost for this purchase. Over the past several months seven (7) police special sedans were involved in traffic accidents and have been declared ''total loss" by an outside auto appraiser. Funding for the replacement of the seven (7) police special sedans is designated as follows: $50,712.00 from the self-insurance fund, with the balance of $112,754.49 from the equipment management fund. Staff recommends extension of bid and authorization of the appropriation and transfer. Purchasing Division S:\PUACH\ADMIN\Four-Door Police Special Sedans, Extension of Bid, February 27, 2008.doc ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Consent Calendar ITEM: /."J a j{ I TO: Honorable Mayor and City Council FROM: DATE: Donna L. Kunz, Economic Development Director DEPARTMENT CITY ATTORNEY CITY MANAGER ~ ~ es February 14, 2008 SUBJECT: Millcreek Linear Park: 1) Appropriate $10 million California Infrastructure Bank Loan Proceeds to the Capital Improvement budget within the Old Town Kern Infrastructure Bank Fund for the Construction of Millcreek Linear Park (Wards 1 & 2) RECOMMENDATION: Staff recommends approval. BACKGROUND: The Millcreek Linear Park project is a 1.5 mile stretch of agricultural canal which is currently being transformed into a major recreational linear park which will travel through the heart of downtown Bakersfield from Golden State to California Avenues. On October 24, 2007, the City Council authorized the Bakersfield Redevelopment Agency to assist the City in financing the improvements to the Millcreek Linear Park and to execute and enter into a loan agreement by pledging tax increment from the Old Town Kern project area to repay the loan. The Redevelopment Agency has executed the agreement for the purposes stated above for the aggregate principal amount of $10 million dollars to be repaid over a period of 30 years. The requested appropriation completes the requisite loan process to access to the loan funds approved for this project. S:\Admins\City Council\City Council Admins 2008\Millcreekl.BankAppropriation2.27.2008.doc 2/14/2008 1 :07 PM ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 TO: FROM: DATE: Honorable Mayor and City Council Raul Rojas, Public Works Director APPROVED DEPARTMENT HEAD!tiJ /lfL CITY ATTORNEY ;0;t'f CITY MANAGER Rs February 14, 2008 SUBJECT: Public Hearing to consider the Panama - Buena Vista Bridge and Major Thoroughfare Area (Ward 5). 1 . Resolution Adopting the Panama - Buena Vista Bridge and Major Thoroughfare Area and making findings thereto. 2. Adoption of Ordinance amending Subsection F of Section 16.32.060 of the Bakersfield Municipal Code relating to the Panama - Buena Vista Bridge and Major Thoroughfare Area. (Second Reading) RECOMMENDATION: Staff recommends adoption of the resolution and ordinance. BACKGROUND: The first reading of the ordinance was given on February 13, 2008. Until recently, the intersection of Panama Lane and Buena Vista Road has been subject to significant delays due to the piecemeal improvement of Panama Lane in the vicinity, and the City had been searching for a way to get this intersection completed. One of the difficulties in improving this intersection is that the property owner of the 18 acre northeast commercial corner (Ernie Antongiovanni) was not ready to develop. Mr. Antongiovanni did not have the funds to complete these improvements, but was willing to pay his proportionate share upon future development of the property. As the City also did not have funds to improve this portion of the intersection, staff contacted the developer of a nearby tract (Centex) who was constructing Panama Lane north of this piece and Buena Vista Road east of this price and asked them to do the extra improvement. Centex was willing to do these extra improvements, provided they could be reimbursed in the future. This resolution adopts the Panama - Buena Vista Bridge and Major Thoroughfare Area This ordinance adds the Panama - Buena Vista Bridge and Major Thoroughfare Area to the list of Bridge and Major Thoroughfare Areas to the list of areas for which subdividers/developers are charged at the time of development or map recordation to pay the cost of constructing the planned facilities. .- c.--__ TT:tt 2115120089:24:36 AM ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Hearings ITEM NO: r L/. h., TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director February 11, 2008 APPROVED DEPARTMENT HEAD ~ CITY ATTORNEY ~ CITY MANAGER i!..r SUBJECT: Public Hearing to consider appeal by David Gay, and upholding the Board of Zoning Adjustment's decision approving Conditional Use Permit No. 07-2183 to operate a 5,485 square foot retail jewelry store in a C-O/P.C.D. (Professional and Administrative Office/Planned Commercial Development) zone district located at 9700 Brimhall Road. (Applicant/Owner: Carl M. Saenger, represented by David Y. Milazzo AlA/David R. Wilson) (Ward 4). 1. Resolution denying the appeal and upholding Conditional Use Permit No. 07-2183. RECOMMENDATION: Staff recommends adoption of the resolution. BACKGROUND: The applicant requested approval of a Conditional Use Permit to permit a retail jeweler in a Commercial Office Zone at the northwest comer of Brimhall Road and Calloway Drive. Staff recommended denial. However, after the first public hearing, The Board of Zoning Adjustment (BZA) recommended approval and staff prepared conditions of approval for the hearing on January 17, 2008. David Gay, owner of the retail center at the northeast comer of Brimhall Road and Calloway Drive has appealed the decision of the BZA citing the issues discussed later in this report. In 2005, the City Council approved a general plan amendment/zone change to change the general plan land use designation and zoning of the subject property located at the northwest comer of Brimhall Road and Calloway Drive from residential to commercial office, despite opposition from a number of residents of the surrounding low density residential neighborhood. Due to differences relative to hours of operation and intensity of typical office uses compared with typical retail uses, office uses are generally considered more compatible with neighboring low density residential development. The site was also limited to commercial office uses because the other three comers of the intersection were zoned C-2 (Regional Commercial), including one zoned as such prior to annexation, which permits a wide range of neighborhood and regional-serving retail uses as well of office uses by-right. Recently developed commercial centers are situated at the northeast and southeast comers of the intersection. The southwest comer is developed with a Rite Aid pharmacy and a carwash. According to David Gay, one of the owners of the center at the northeast comer, a total of approximately 17,000 square feet of leasable retail space is available, consisting of a pad for a 5,000 square foot building and approximately 12,000 square feet of inline space. According to the February 20. 2008. 8:37AM S:lDanaIADMINS\2008\F9b\2-27-2183 CUP.doc ADMINISTRATIVE REPORT page 2 owner of the center at the southeast comer, although the center's retail space has been fully leased, space approved for office use is available. In light of the controversy surrounding the Council's 2005 decision to change the general plan land use designation and zoning of the project site from very low density residential to commercial office and available space for the proposed use on nearby commercial property, and given the presence of substantial retail developments at three of the four comers of the intersection, two of which are not yet fully occupied, it was staff's opinion that the proposed conditional use permit to operate a retail jewelry store on the subject property was neither essential nor desirable to the public convenience or welfare. Therefore, staff's recommendation to the Board of Zoning Adjustment (BZA) was to deny the proposed conditional use permit. Prior to the December 11,2007, BZA public hearing, Marsha Huff, who resides at 9800 Harvey Court within the tract immediately north of the project site, submitted a letter in opposition to the proposal (see attached letter). Ms. Huff cited negative impacts to her neighborhood associated with the office development on the site and feels that adding a retail use into the center would result in further problems for her neighborhood. Ms. Huff did not provide testimony to the BZA during the public hearing. During the BZA public hearing, David Gay expressed his objection to the proposal. He stated that there are three existing C-2 zoned comers at the intersection and that when the C-O zoning was proposed in 2005 he and his partners did not to oppose the proposal since retail uses would not be permitted within the center. Mr. Gay pointed out that once the first retail use is permitted within the center, the precedent for retail uses will be set and that the next retail proposal might therefore be difficult to reject. Mr. Gay stated that they have offered the applicant, Carl M. Saenger (American Jewelry Company), a 30-year ground lease, with the option for an additional 30 years, for a pad in their center that can accommodate a 5,000 square foot building. He also stated that at the southeast comer there are buildings for sale and that the zoning is appropriate for a jewelry store. Mr. Gay asked the Board to deny the proposed conditional use permit because office, not retail, uses were intended for the site. At the conclusion of the public hearing, the BZA continued the item and directed staff to work with the applicant to formulate recommended conditions of approval. On January 17, 2008, the BZA unanimously approved the proposed conditional use permit. Mr. Gay filed an appeal of the BZA's decision on January 17, 2008, and submitted a supplemental letter dated January 23,2008 citing the following reasons for his appeal (see attached letter): 1. As a property owner across the street from this project, I do not believe the BZA hearing officers provided any compelling reason why they overturned staff's "recommendation of denial", other than the user is a good retailer, and 'NOuld spend $125 a square foot in tenant improvements. Staff reSDonse: The BZA's approval was based upon their finding, as specified in the attached BZA resolution, that the proposal is desirable to the public convenience in that it provides a suitable location for a highly respectable small business which has been in existence in Bakersfield since 1898 and that the proposal is consistent with the goals, objectives and policies of the Metropolitan Bakersfield General Plan since the site's DC (Office Commercial) land use designation is intended to accommodate business and professional office uses as well as specialty retail uses. The BZA's findings fulfill the legal requirements for the granting a conditional use permit pursuant to Bakersfield Municipal Code Section 17.64.060.C. 2. By approving retail on the North West comer of Brimhall and Calloway, now provides retail on all 4 comers, which is twice what is stated in the City of Bakersfield's General Plan, which designated no more than 2 commercial "retail" comers at major intersections. The City of Bakersfield actually exceeded the general plan, by allowing 3 commercial comers at this intersection caused by the re-alignment of Calloway Road in the late 1990's. February 19,2008, 4:10PM S:\DanaIADMINSI2OO8\F&b\2-27-2183 CUP. doc ADMINISTRATIVE REPORT page 3 Staff reSDonse: While Land Use Element Policy 21 of the Metropolitan Bakersfield General Plan encourages the separation of at least one-half mile between new commercial designations, no such policy limiting the number of commercial comers at an intersection is contained within the plan. Prior to the annexation of the property at the southwest comer of this intersection into the City, the County of Kern rezoned this property to allow for retail development, increasing the number of retail comers at this intersection to three. 3. Staff's exemption of the BZA application from CEOA, because it is "conversion of less than 10,000 square feet, of an existing commercial structure from one use to another", is flawed. In fact, this "office" building is currently vacant and the proposed retail use (American Jewelers) should have been considered in the original CEOA document for the Zone Change to Commercial Office in 2005. Staff reSDonse: Pursuant to State CEOA Guidelines Section 15303, the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure is categorically exempt from CEQA. Although the structure that is proposed to accommodate the proposed retail jewelry store is a newly constructed structure which has not yet been occupied, it is an existing structure which was pennitted to be constructed by the City for the purpose of accommodating commercial office uses. Therefore, any commercial use permitted by right in the C-O zone may occupy the structure without further CEOA review simply by meeting the requirements of ministerial building penn its, which are not subject to CEOA review. The approval of a conditional use permit is considered a discretionary action under CEOA. Although discretionary actions are subject to the provisions of CEOA, as stated above the project is categorically exempt from CEQA and, therefore, is not subject to further environmental review. 4. Retail has a more cumulative traffic, parking (approximately +15%), noise and air quality than CO zone, and needs to be studied and addressed, at least with a Negative Declaration to comply with CEOA. This does not qualify for an exemption. Staff reSDonse: No specific trip generation rate is available for retail jewelry stores; the most applicable use type is specialty retail. In comparison to the proposed use of the subject 5,485 square foot structure for a general office use, a specialty retail use is estimated to generate approximately 19 more p.m. peak hour trips (27 v. 8). Over the course of an hour, 19 additional trips would not result in a significant traffic impact. Furthennore, it is expected that a jewelry store would generate fewer peak hour trips than the typical specialty retail use, with much of its business occurring on weekends and with the greatest concentrations of activity occurring immediately prior to Christmas and Valentine's Day. Given the nature of the proposed use (including, but not limited to, the lack of a drive-through window) and because no traffic impacts are expected to result, no significant noise or air quality impacts would result. With respect to parking demand, the Bakersfield Zoning Ordinance requires a greater amount of off-street parking spaces for office uses (one per 230 square feet of general office space and one per 125 square feet for medical office space) than for single-tenant retail uses (one per 300 square feet). It is recommended that the appeal be denied, upholding the Board of Zoning Adjustment's decision to approve the proposed conditional use penn it. Februery 19. 2008, 4:10PM S:lDans\ADMINS\2008\Feb\2-27-2183 CUP. doc ADMINISTRATIVE REPORT MEETING DATE: February 27,2008 AGENDA SECTION: Deferred Business ITEM: fir, a , February 19, 2008 CITY ATTORNEY CITY MANAGER APPROVED W- I3mI /G5 TO: FROM: DATE: Honorable Mayor and City Council Stanley C. Grady, Development Services Director DEPARTMENT HEAD SUBJECT: General Plan Amendment/Zone Change 05-1580 (Ten Section), Appealed (Ward 5) Jim Manley, representing 10 Section LLC, the property owner, has applied for a general plan amendment and zone change on 220-acres located on the south of Panama Lane and east of Nord Avenue. An appeal of the Planning Commission's decision was submitted by Jim Manley, for 10 Section LLC. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment 05-1580, known as the 10 Section Project. 2. Resolution approving the appeal and adopting the general plan amendment changing the land use designation from R-MP (Resource - Mineral and Petroleum) and OS (Open Space) to LR (Low Density Residential) on 220-acres. 2. First Reading of ordinance amending Title 17 of the Municipal Code and amending Zoning Map No. 122-28 from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 220-acres. RECOMMENDATION: Staff recommends adoption of resolutions approving the Environmental Impact Report, approving the appeal, and approving the proposed general plan amendment and first reading of the ordinance. BACKGROUND: The City Council conducted a public hearing on February 13, 2008. Comments were made by the Sierra Club and submitted in writing. The public hearing was closed and the matter was continued to February 27, 2008 to allow staff time to respond to the comments submitted at the hearing. This proposal had considerable opposition from both the State Department of Fish & Game (CDFG) and the Kern County Water Bank Authority (KWBA) and was denied by the Planning Commission. There was a meeting on January 25, 2008 with the CDFG, the applicant and staff and with the inclusion of several new conditions of approval the ~rimary environmental issues have been resolved. A letter was received from CDFG at the February 13 hearing supporting the project with the inclusion of the new conditions. The six conditions are from the November 8, 2007 letter by Jim Manley (with slight modification) and address both CDFG issues and the adjacent KWBA operations. Conditions 2, 3, 4, 5, 6 and 7 require ADMINISTRA liVE REPORT Page 2 walls, conservation easements, buffer areas, management and monitoring, disclosure notices, and a unique condition which calls for the reimbursement of any degradation to habitat credit valuation as the KWBA also operates a habitat bank as well as water spreading facilities adjacent the project. These agencies have submitted these concerns in writing and CDFG has threatened to revoke the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) if their concerns are ignored. Staff has never been comfortable with this claim by Fish and Game. The Metropolitan Bakersfield Habitat Conservation Plan addresses endangered species concerns in a programmatic fashion. That the CDFG wants to apply a different set of rules to the 10 Section Project causes staff concern. Recall that the City of Bakersfield has a signed contract (Habitat Conservation Plan Implementation agreement which remains in effect until 2014) with CDFG which details mitigation for all projects in a uniformed manner. It is inequitable to single this project out without providing the scientific basis for such a course of action as required by our agreement. Nonetheless, the conditions agreed to by the applicant go beyond the provisions of the MBHCP and address CDFG concerns. The project is commonly known as the 10 Section Project #05-1580 and consists of approximately 220 acres. For purposes of analyzing the environmental impacts of the project, the EIR considered impacts of construction a maximum of 788 single-family residential units on the project site, a concurrent general plan amendment and zone change, and land subdivision. The number of homes will now, of course, be reduced by the 18 acre buffer area. The California Environmental Quality Act (CEQA) requirements have been followed by staff and the Planning Commission for the project. Staff conducted an initial study and it was determined that the project could have a significant environmental effect. Therefore, in accordance with CEQA, and EIR was prepared. The Planning Commission and staff conducted several hearings on the EIR including a public scoping meeting on October 16, 2006, and adequacy hearing to receive comments on the Draft EIR on March 1,2007, and a hearing on the Final EIR on June 21,2007. The Planning Commission conducted a public hearing on this general plan amendment/zone change on June 21,2007, and recommended denial to the City Council. A letter appealing this project was received in the City Clerk's office on June 21,2007. Despite compliance with local ordinances, state law, mitigation measures incorporated into the project and conditions of approval, and construction in accordance with the Uniform Building Codes, aesthetics, light and glare, and traffic and circulation would remain significant. S:\GPA 4th 2007\05-1580 (Ten Section EIR)\Staff Report\GPAZC 05-1580 (Ten Section) Rewritten.doc