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HomeMy WebLinkAbout01/22/14 CC MINUTESBAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 22, 2014 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings - 3:30 p.m, and 5:15 p.m, REGULAR MEETING - 3:34 p.m, 1. ROLL CALL Present: Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson, Sullivan (seated at 3:35 p.m.), Johnson Absent: Mayor Hall 2. PUBLIC STATEMENTS None, 3. CLOSED SESSION a. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(2), (e)(1) (two potential cases). b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(4) (one potential cases). Motion by Councilmember Hanson to adjourn to Closed Session at 3:35 p.m. Motion by Councilmember Johnson to adjourn from Closed Session at 5:08 p.m. 4. CLOSED SESSION ACTION a, Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to Government Code Section 54956,9 (d)(2), (e)(1) (two potential cases), b. Conference with Legal Counsel - Initiation of Litigation; Closed Session pursuant to Government Code Section 54956.9 (d)(4) (one potential cases), ACTION TAKEN APPROVED AB HALL APPROVED AB HALL NO REPORTABLE ACTION CITYATTORNEY WAS GIVEN DIRECTION 1890 189 Bakersfield, California, January 22, 2014 - Page 2 5. ADJOURNMENT ACTION TAKEN Vice -Mayor Weir adjourned the meeting at 5:18 p.m. �/ GE -MAY 6R of the City f B ersfield, CA ATTEST: �_4" �_"" CITY CLERK and Ex Offici erk of the Council of the City of Bakersfield REGULAR MEETING -5:18 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Weir, Councilmembers Rivera, Maxwell, Smith, Hanson (seated at 5:38 p,m,), Sullivan, Johnson Absent: None 2. INVOCATION by Ghurujoda Khalsa, Guru Ram Das Gudwara, 3. PLEDGE OF ALLEGIANCE by Hannah Jimenez, 4th grade student at Douglas Miller Elementary School, Mayor Hall acknowledged the students from the Ridgeview High School Government class in attendance at the meeting to learn about City government. 4. PRESENTATIONS a, Presentation by Mayor Hall of a Certificate of Appreciation to Greg Gallion, President and CEO of Houchin Community Blood Bank, honoring the beautification efforts of their facility located at 11515 Bolthouse Drive, Mr, Gallion accepted the Certificate and made comments, Bakersfield, California, January 22, 2014 - Page 3 4. PRESENTATIONS continued b. Presentation by Mayor Hall of a Proclamation to Patricia Davis, Assistance League President, declaring February 19, 2014, Assistance League of Bakersfield Day, Ms, Davis accepted the Proclamation and made comments, C. Presentation by Vice -Mayor Weir of a plaque to Bakersfield High School Football Head Coach Paul Golla, honoring the BHS Football Team's 2013 State Championship Title, Coach Golla accepted the plaque from Vice -Mayor Weir, as well as a gift certificate from Councilmember Maxwell, and made comments, Mayor Hall and Councilmembers Johnson, Sullivan, Smith, and Rivera expressed appreciation and congratulations to the football players on their accomplishment. It 5. PUBLIC STATEMENTS a. David Cates, President of the Fox Theater Foundation, spoke regarding the Air Force Band of the Golden West event on February 16th at the Fox Theater, and submitted written material. b. The following individuals spoke in support of Deferred Business Item l 1,a, regarding revising the requirements to qualify for cul -de -sacs on Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C streets, south of 24th Street; Dominique Minaberrigaral, Cheryl Miller, Jay Gauthier, Tony O'Brien, Karel Pfeffer, Mike Marian!, Cindy Meek, Wayne Kress, Bob Coons, Robert Massey, and Jacob Morse. C. Phil Rudnick, owner of Airport Valet Express, spoke regarding the Support Our Freedom Troops event on February 5th, at 201 New Stine Road, Suite 350; and submitted written material, 6. WORKSHOPS None, ACTION TAKEN ,Q0nZ 123 7. 8. Bakersfield, California, January 22, 2014 - Page 4 APPOINTMENTS None, CONSENT CALENDAR Minutes: a. Approval of minutes of the January 8, 2014, Regular City Council Meetings. Payments: b. Receive and file department payments from December 17, 2013, to January 9, 2014, in the amount of $20,563,614.40, and self- insurance payments from December 17, 2013, to January 9, 2014, in the amount of $490,393.34, totaling $ 21,054,007.74. Ordinances: Resolutions: C. Resolution in support of Assembly Bill No. 1439, regarding Internet Caf6s, d. Resolution supporting Governor's declaration of a State of Emergency due to water shortage. e. Resolution of Intention No. 1771 ordering the vacation of a portion of the public utility easement (PUE) for Lot 132 of Tract Map 6444, Phase 2 located along Francois Lane, of Four Seasons Development, which Is bordered by Paladino Drive to the north and Panorama Drive to the south. Agreements: Anchor Tenant Lease Agreement with KG (US) OILERS Corporation and AEG Management Bakersfield, LLC, to own and operate a professional ice hockey franchise at the Rabobank Arena. g. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract Map 6448 Unit 7 located south of Stockdale Highway and west of South Renfro Road, ACTION TAKEN RES 012 -14 RES 013 -14 ROi 1771 AGR 14 -012 AGR 14 -013 8. Bakersfield, California, January 22, 2014 - Page 5 CONSENT CALENDAR continued ACTION TAKEN h. Three -party agreement with San Joaquin Valley AGR 14 -014 Air Pollution Control District and Biogas & Electric, LLC, to design, fabricate and test a nitrogen oxides (NOx) and sulfur oxides (SOx) treatment system at Wastewater Treatment Plant No, 3. (City pays only for electrical costs associated with operation of system and performs routine maintenance tasks). Bids: Amendment No. 1 to Agreement No, 13 -104 AGR 13- 104(1) with the Kern High School District to lease property at 1417 H Street. Accept bid and approve contract with Loop AGR 14 -015 Electric, Inc. ($134,510), for the Traffic Signal & Lighting System Installation on Stine Road at Woodmere Drive Project. Miscellaneous: k, Approval of Tract Map with Castle & Cooke California, Inc., for Tract 7166 Phase 4 located south of Ming Avenue and west of Gosford Road, Proposed update to Wastewater Revenue Program in compliance with State mandates. (Staff recommends referral of Sewer Utility Rate Study to Budget & Finance Committee) Successor Agency Business: M. Receive and file successor agency payments from December 17, 2013, to January 9, 2014, in the amount of $455,887,35. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar items 8.a. through 8.m. Ian a 10. Bakersfield, California, January 22, 2014 - Page 6 CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN a. Public Hearing to consider the following for the West Beltway Major Planned Thoroughfare Area; (Staff recommends adoption of the resolution and ordinance) 1. Resolution adopting the West Beltway RES 014 -14 Major Planned Thoroughfare Area and making findings thereto. 2. Adoption of Ordinance amending ORD 4762 Subsection F of Section 16.32.060 of the Municipal Code relating to Bridge Crossings and Major Thoroughfares. (FR 01/08/14) b. Public Hearing to consider a Resolution RES 015 -14 approving the issuance of tax exempt multi- family housing revenue bonds by the California Municipal Finance Authority to benefit Mill Creek Courtyard CIC, L.P. (Chelsea Investment Corporation), for the acquisition and construction of a 62 -unit multi - family rental senior housing project located at 1303 S Street, known as Mill Creek Courtyard. (Staff recommends adoption of the resolution) Consent Calendar Public Hearings opened at 6;10 p.m. No one spoke. Consent Calendar Public Hearings closed at 6;10 p.m. Motion by Vice -Mayor Weir to adopt Consent APPROVED Calendar Public Hearings items 9.a, and 9.b. HEARINGS a. Public Hearing to consider a resolution certifying the Final Environmental Impact Report and approving the 24th Street Improvement Project. (TRIP) Staff recommends adoption of the resolution. It is proposed that the Council hear the staff presentation, the public hearing be opened and public testimony received, and the hearing then be continued with action taken at the February 12, 2014 City Council meeting. 185 Bakersfield, California, January 22, 2014 — Page 7 10. HEARINGS continued ACTION TAKEN Item 10,a, continued City Clerk Gafford announced that a staff memorandum was received correcting the Council Ward designation from Ward 4 to Ward 3; e -mails were received from Anne and Jerry Seydel, Fred and Michele Chynowith, and Pamela McNemar; correspondence was received from Scott Kuney, Vanessa Vangel, and Darlene Vangel; in addition, petitions were submitted by Vanesas Vangel containing 625 signatures in opposition. Motion by Councilmember Maxwell to hear the staff APPROVED presentation for the widening of the 241h Street E1R, take public comments and open it to anyone who is here that would like to speak, and that everyone that is here that wants to speak will also have the opportunity to come back on February 12, 2014, as this Hearing will be continued until then, and at that time Council will make a final consideration and decision. City Manager Tandy made staff comments and introduced Public Works Director Rojas, who made additional staff comments and provided a PowerPoint presentation relative to the CEQA Hearing for Certification of the Environmental Impact Report, Roland Genick, head of Parsons Transportation Group's Urban Design Department, made comments regarding the landscape improvements and provided a PowerPoint presentation, City Manager Tandy advised that on February 12th, staff will be recommending support of the Certification of the EIR and proceeding with the project, and encouraged any questions from the audience members or City Council be provided as early as possible in order to allow staff as much opportunity as possible to formulate the answers for that meeting, Hearing opened at 6;42 p.m. 181'7 Bakersfield, California, January 22, 2014 - Page 8 10. HEARINGS continued Item 10.a, continued The following individuals spoke In opposition to the staff recommendation: Tony Ansolabehere, suggested the EIR relies on old data, and submitted written material; Vanessa Vangel, requested written responses to two concerns (1) that the existing 24th Street roadway can accommodate six lanes of traffic by restriping and eliminating the left -turn lanes, and (2) that the conceptual landscape slideshow presented tonight was negated by the Public Works Director's presentation regarding scaling back on the number of trees, putting in only low- maintenance shrubs, and more hardscape; Judith Harniman, expressed her concern about the safety Issues that will be presented by the homes that will be abutting the property line for 241h Street, as well as the turnouts that would potentially impact 10 additional driveways; and Richard Young, expressed his concerns about the timing of the five stoplights from L Street to Chester Avenue and the continuity of the traffic. The following individuals spoke in support of the staff recommendation: Rich O'Neil, on behalf of the Kern River Parkway Foundation, requested that after construction is finished that all fencing that separates the horse trail of the Kern River Parkway from the high speed traffic be placed back again, that all trees removed during construction be replaced at that location on a 3 to 1 ratio with California native trees, which is the Caitrans standard, and that the habitat in areas of the secondary floodplain be replaced within the Kern River Corridor, and he submitted written material; Wayne Kress, encouraged acceptance of the EIR and to build the project, including full height and continuous separation walls and beautiful landscaping; Scoff Kuney, agreed with Mr, Kress' comments; Mike Hawksworth, is in favor of the conceptual drawings presented by Parsons; Matt Fisher; Tomas Del Toro Diaz, and Dave Cross, recommended that the landscaping be added to instead of decreased and suggested consideration of a red light at the current pedestrian crossing, Richard Young spoke in rebuttal opposition to the staff recommendation, ACTION TAKEN Bakersfield, California, January 22, 2014 - Page 9 10. HEARINGS continued ACTION TAKEN Item 10,a, continued Mayor Hall announced that a motion to continue the Hearing was approved; therefore, the Hearing will remain open and continued to the February 12, 2014, City Council meeting. 11. DEFERRED BUSINESS a, Amendment No. 2 to Resolution No, 128 -12, revising the requirements to qualify for a RES 128 -12(2) Cul -de -Sac on Beech, Myrtle, Spruce, Pine, Cedar, A, B, and C streets, south of 24th Street. (deferred from the meeting of 01108114) Staff recommends approval of amendment No. 2 to resolution No, 128 -12, which will revise the Council's established policy requiring 100% approval from property owners on the south side of 24th Street, between 221d and 24th streets, City Clerk Gafford announced that a staff memorandum was received revising the Resolution to clarify language regarding the qualification requirements; in addition, e -mail correspondence was received from Shannon Holloway regarding this item, City Manager Tandy made staff comments and recommended approval of Amendment No. 2 to Resolution No. 128 -12, and that for any street which reaches 75% of the property owners agreeing, rather than the 100 %, that the item can appear on the City Council Agenda for individual consideration under the specific circumstances that might exist on that street; and recommended separately the approval of Spruce Street, who has met the 75% threshold; and approval of A Street, when they meet the 75% threshold. Public Works Director Rojas made additional staff comments and mentioned that the work on Spruce Street, if approved tonight, could start tomorrow, and that the work on A Street could start when the drawings are completed, which would take two to three weeks, and provided all the signatures are correct, Vice -Mayor Weir made a motion to adopt Amendment No. 2 to Resolution No. 128 -12. Io�9 Bakersfield, California, January 22, 2014 — Page 10 DEFERRED BUSINESS continued Item 1 1,a. continued Councilmember Maxwell expressed his opposition. Councilmember Sullivan expressed her support. Councilmember Hanson called for the question. Motion by Vice -Mayor Weir to adopt Amendment No. 2 to Resolution No. 128 -12. Motion by Vice -Mayor Weir to adopt staff's recommendation approving construction of a cul -de -sac on Spruce Street at this time. Motion by Vice -Mayor Weir to adopt staff's recommendation, based on staff's review of a parallel request, for construction of a cul -de -sac on A Street. Mayor Hall recessed the meeting at 7:38 p.m. and reconvened the meeting at 7:46 p.m. 12. REPORTS a. Responses to Referrals from Councilmember Maxwell. (TRIP) Staff recommends the report be recelved and filed. Public Works Director Rojas made staff comments regarding the following: the process for listing properties on the National or Local Historical Register; doing a traffic study to establish a series of one -way streets In the downtown area; and providing an updated traffic count on 24th Street and some of the surrounding streets. Councilmember Maxwell advised that he is satisfied with the report on the historic properties; however, he would like the report regarding the one -way streets and the traffic counts be redone. Motion by Councilmember Maxwell to not accept the reports as filed, and to have them redone to the standards where Council can really see what would happen N some of the downtown area streets were changed to one - way streets and that the traffic counts be redone. ACTION TAKEN APPROVED NOES MAXWELL APPROVED NOES MAXWELL APPROVED NOES MAXWELL APPROVED NOES SMITH 190( Bakersfield, California, January 22, 2014 - Page 11 12. REPORTS continued ACTION TAKEN b. Mid -Year Budget Update and Adjustments for Fiscal Year 2013 -14: Transfers ($992,639) and appropriations ($2,133,804) as listed in Exhibit "A" (various wards). 2. Agreement with the International AGR 14 -016 Association of Chiefs of Police (not to exceed $99,875) to conduct a Strategic Operational Analysis of the Police Department. 3. Transfer and appropriation of $99,875 from General Fund Balance to the Non - Departmental Budget within the General Fund for the Police Department Strategic Operational Analysis, Finance Director Smith made staff comments and provided a PowerPoint presentation. Assistant to the City Manager Huot made additional staff comments, provided a PowerPoint presentation, and recommended approval of the budget transfers, appropriation of funds, and adoption of the Agreement. Motion by Councilmember Johnson to consider APPROVED Items 1., 2., and 3., separately. Motion by Councilmember Johnson to approve APPROVED Item 12.b.1. Councilmember Johnson announced he was not in favor of staff's recommendation on Item 12.b.2., and he made a motion to deny the Agreement with International Association of Chiefs of Police. Substitute motion by Vice -Mayor Weir to APPROVED approve Item 12.b.2. NOES JOHNSON Motion by Vice -Mayor Weir to approve APPROVED Item 12.b.3. NOES JOHNSON 13, NEW BUSINESS None. 1901 Bakersfield, California, January 22, 2014 - Page 12 14. COUNCIL AND MAYOR STATEMENTS ACTION TAKEN Councilmember Maxwell asked the Police Department to look into the area of 32nd and K streets where a lot of transients have set up a community and are creating a lot of disturbance and waste, and to contact Gill's business to let them know what efforts can be made to clean up that area. Councilmember Maxwell directed the City Attorney to verify signatures and get verbal statements or agreements from the residents in the neighborhoods of Pine and Myrtle streets with regard to the cul -de -sacs, and he would like to know exactly who the cases were where there are two or more people on title and that it was determined that the answer was yes, and that both of those people would be interviewed, as well. Councilmember Maxwell asked staff to provide to all Councilmembers large maps, as well as small ones, that just show the street, without the buildings, as it would appear in alternates 1, 2, and 3, for the 241h Street Widening Project. Councilmember Maxwell advised he received a letter from Mr. Harvey Boyles regarding something printed in The Bakersfield Californian, and he wanted to clarify his position, which is if the City ran two academies at the same time and it got us to the point where we would have a full complement of officers, that still may not solve our problem with reducing the response times. Councilmember Maxwell asked staff to check on a sign in the alley between Elm and Beech streets that reads "Thru Traffic Not Permitted", and determine if it is a City sign. Councilmember Rivera requested staff draft a resolution in support of HR 15, The Board of Security, Economic Opportunity, and Immigration Modernization Act. Councilmember Johnson expressed his appreciation to the City Council for their support of the resolution supporting AB 1439, which is the Internet Caf6 bill, and he thanked Assemblymember Salas for carrying the bill; and he also expressed his appreciation for the resolution in support of the Governor's Drought Declaration. 190 Bakersfield, California, January 22, 2014 - Page 13 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Johnson expressed his appreciation to staff for being able to include in the mid -year budget appropriation the addition of the sidewalks on Margalo Street and Stine Road. Councilmember Sullivan requested that the matter of putting artificial grass in the medians, or at least in the new medians, be referred to the Community Services Committee for evaluation and consideration. Councilmember Sullivan made the comment that she feels the City needs to publicize that it expects homeowners to be responsible for keeping their lots clean, regardless of whether they are occupied or not. Councilmember Sullivan suggested doing a PSA to educate the pedestrian population about not wearing black at night, because they cannot be seen, and that it is their responsibility to use crosswalks. Vice -Mayor Weir expressed his appreciation to Assemblymember Grove for her support and participation on Assembly Bill No. 1439. Vice -Mayor Weir advised Chief Williamson that he has the utmost respect for him and the Police Department, and that the goal at the end of the analysis is that our community will be safer. Councilmember Smith requested that the following questions and concerns regarding 241h Street be addressed at the next City Council meeting. (1) Do the walls go behind the remainder of the parcels in the landscaping? (2) With regard to the City's responsibility for some of the sound walls, is that a portion of our match with the Federal money or is it above and beyond that match? (3) With regard to landscaping, how do we know what really is going to be landscaped, and are we going to landscape it with the project and what are we going to landscape with the project? (4) With regard to the loading zone downtown and the 6 -foot sidewalk, is it possible to make a 7 or 8 foot sidewalk in that area? (5) With regard to the bike path, to get bike access to 241h Street, if the detour could not go up and around Beach Park, but rather just go straight down 21 s} Street and connect with the bike path at 21 s, it would be a much shorter detour. (6) There needs to be a signal at the A Street pedestrian crossing. 1000 Bakersfield, California, January 22, 2014 - Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Counciimember Smith expressed his appreciation for the agreement between the City, San Joaquin Valley Air Pollution Control District, and Biogas & Electric, LLC, and feels that it is a win - win -win for the community because we're going to have cleaner air, as well as a free air treatment system. Mayor Hall announced he received an e-mail from Sal Moretti in the Solid Waste Department informing him that during a recent five -day period, the Police Department cited four individuals on the Westside Parkway for uncovered loads; and that he is very pleased with the progress being made and the involvement of both the Police Department and the Sheriff's Department in this effort. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 9:30 p.m. V i CE - MAYOR of the City o B ersfield, CA ATTEST: CITY CLERK and Ex Officidderk of the Council of the City of Bakersfield