HomeMy WebLinkAbout09/27/06 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF SEPTEMBER 27, 2006
Council Chambers, City Hall, 1501 Truxtun Avenue
Regular Meeting 5:15 and 6:30 p.m.
REGULAR MEETING - 5:15 p.m.
ACTION TAKEN
1. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, . Sullivan (seated at 5:20 p.m.),
Scrivner
Absent:
None.
2. WORKSHOPS
None.
3.
PUBLIC STATEMENTS
None.
4. CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
b. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision
(a) of Government Code Section 54956.9 for the
following cases:
1 . Bakersfield Citizens for Local Control v
City/Castle & Cooke.
2. Bakersfield Citizens for Local Control v
City/Panama 99 Properties.
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5: 18 p.m.
APPROVED
Motion by Councilmember Couch to adjourn from
Closed Session at 6:08 p.m.
APPROVED
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Bakersfield, California, September 27,2006 - Page 2
RECONVENED MEETING - 6:30 p.m.
ACTION TAKEN
5.
ROLL CALL
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Present:
Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Pastor Josephate Jordan, Christ First
Ministries.
7. PLEDGE OF ALLEGIANCE by Lisa Darquea, 4th Grade
Student at Ronald Reagan Elementary School.
Mayor Hall recognized students from Bakersfield
College in attendance at the meeting.
8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9. (One issue)
Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
NO REPORTABLE
ACTION
b.
NO REPORTABLE
ACTION
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1. Bakersfield Citizens for Local Control v
City/Castle & Cooke.
2. Bakersfield Citizens for Local Control v
City/Panama 99 Properties.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Stacy
Crooks, Links for Life, proclaiming October, 2006,
as "Paint the Town Pink Month".
Stacy Crooks accepted the Proclamation on behalf
of Links for Life and made comments.
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Bakersfield, California, September 27, 2006 - Page 3
9.
PRESENTATIONS continued
b.
Presentation by Mayor Hall of Proclamation to Art
Carlock, Chairman, Highway 99 Cruise "n' Show,
proclaiming October 13-15, 2006, as "Fifth Annual
Highway 99 Cruise "n' Show Days".
Art Carlock accepted the Proclamation on behalf of
the Highway 99 Cruise "n' Show and made
comments.
10. PUBLIC STATEMENTS
a. Miriam Krehbiel, President of the United Way of
Kern County, spoke regarding a ten year plan to
end chronic homelessness.
Councilmember Benham requested EDCD designate
staff to be liaison to the Homeless Collaborative;
provide regular reports to the Council and
recommend ways the City and County can partner with
the organization in order to make efforts more
effective.
11. APPOINTMENTS
12.
None.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the September 13, 2006,
Regular City Council Meeting.
Payments:
b. Approval of department payments from September
2, 2006 to September 15, 2006 in the amount of
$17,605,372.54 and self-insurance payments from
September 2, 2006 to September 15, 2006 in the
amount of $105,331.07.
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ACTION TAKEN
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12. CONSENT CALENDAR continued ACTION TAKEN
Ordinances: J
First Reading of Ordinance approving a Negative FR
c.
Declaration and amending Title 17 (Zone Map No.
123-23) of the Municipal Code by changing the
zoning from PCD (Planned Commercial
Development) to Revised PCD on 1.8 acres located
on the south side of Pacheco Road, approximately
100 feet west of Wible Road. (ZC 06-0368)
(Applicant: Olsen Design Studio/Property Owner:
Catalina Barber Group)
d. First Reading of Ordinance approving a Negative FR
Declaration and amending Title 17 (Zone Map No.
102-32) of the Municipal Code by changing the
zoning from C-2 (Regional Commercial) to C-O
(Professional and Administration Office) on 0.58
acres located on the south side of Brimhall Road, 1,4
mile west of Coffee Road. (ZC 06-0737) (Applicant:
Porter- Robertson Engineering & Surveying/Property
Owner: JP/CP Development)
e. Adoption of Ordinance amending Section 17.60.060 ORD 4384
B.9 of the Municipal Code relating to signs permitted J
in the Bakersfield Auto Mall.
Resolutions:
g.
Resolution adopting a service priority policy for
lower income developments in accordance
with California Senate Bill 1 087.
Resolution in support of state legislation to
expressly authorize cities and counties to impose
vehicle forfeiture as a penalty for illegal speed
contests or exhibitions of speed.
RES 249-06
f.
RES 250-06
h. Property Abatements:
1.
Resolution confirming approval by
the Assistant City Manager of the Chief
Code Enforcement Officer's report regarding
assessments of certain properties for which
dangerous buildings have been demolished
and authorize collection of assessments
by the Kern County Tax Collector.
RES 251-06
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12. CONSENT CALENDAR continued ACTION TAKEN
Item 12.h. continued
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2. Resolution confirming approval by the RES 252-06
Assistant City Manager of the Chief Code
Enforcement Officer's report regarding
assessments of certain properties for which
structures have been secured against entry
or for abatement of weeds, debris and
waste matter and authorize collection of
assessments by the Kern County Tax
Collector.
i. Resolutions approving application proposing RES 253-06
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 526
consisting of 8g.ga acres located south of Redbank
Road, east and west of South Fairfax Road and
north of East Wilson Road.
j. Resolution adding territory, Area 3-56 (McKee, Ashe RES 254-06
SE) to the Consolidated Maintenance District and
confirming the assessments, approving the Public
Works Director's Report and authorizing collection
of assessments by the Kern County Tax Collector.
l k. Resolution adding territory, Area 4-61 (College, RES 255-06
Flintridge NE) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
I. Resolution adding territory, Area 4-62 (Morning, RES 256-06
Alfred Harrell SW) to the Consolidated Maintenance
District and confirming the assessments, approving
the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
m. Resolution of Intention No. 1487 to add territory, ROl1487
Area 4-63 (Texas, Easter SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
Resolution of Intention No. 1488 to add territory, ROl1488
n.
Area 3-57 (Berkshire, Wible SE) to the Consolidated
Maintenance District and preliminarily adopting,
l confirming and approving Public Works Director's
Report.
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12. CONSENT CALENDAR continued ACTION TAKEN
o. Resolution of Intention No. 1486 to order the ROl1486 J
vacation of portions of Owens Street, East 19th
Street and the alley located at the northwest corner
of East Truxtun Avenue and Gage Street.
Agreements:
p. Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements AGR 06-286
with Lennar Homes of California, Inc. for AGR 06-287
Tract 6333 Phase 1 located east of South
Union Avenue on East Panama Lane.
2. Final Map and Improvement Agreements AGR 06-288
with Centex Homes for Tract 6491 Phase 2 AGR 06-289
located north of Taft Highway (Hwy 119)
east of Ashe Road.
q. Agreement with Bakersfield City School District AGR 06-290
($40,000) for services pursuant to the Safe
Schools/Healthy Students Initiative - "Connecting
Communities Program".
1. Appropriate $40,000 Federal grant revenues
to the Police Department budget in the j
General Fund for additional overtime costs.
r. Agreement with Centex Homes ($110,000) to AGR 06-291
purchase real property located west of Buena DEED 6497
Vista Road and north of Panama Lane for a water
well site.
s. Agreement with Riverlakes Grove, LLC for AGR 06-292
maintenance of the underground retention basin
located at 3013 Calloway Drive.
t. Agreement with County of Kern, Pacific Gas & AGR 06-293
Electric Company, Southern California Edison
Company and Southern California Gas Company to
deliver the Bakersfield and Kern County Energy
Watch Program.
u. Agreement with Impact Sciences, Inc. ($259,210) to AGR 06-294
prepare Environmental Impact Report (EIR) for
General Plan Amendment/Zone Change No. 06-
1002 (Sports Village Project) generally located on
the north side of Taft Highway between Gosford and
Ashe Roads. j
Bakersfield, California, September 27, 2006 - Page 7 65
12. CONSENT CALENDAR continued ACTION TAKEN
L v. State Route 178 at Morning Drive Interchange:
1. Agreement with Caltrans ($75,000) to AGR 06-295
expand the Project Study Report (PSR) to
include the extension of SR 178 to Canteria
Road.
2. Agreement with Mountain View Bravo, LLC AGR 06-296
($75,000) to reimburse the cost of
expanding the PSR.
3. Appropriate $75,000 developer share of
project cost to the Capital Improvement
Program within the Transportation
Development Fund.
w. Agreements with Goodwin Proctor LLP, for outside
legal services regarding the following:
1. Continuing disclosure matters for various AGR 06-297
Assessment Districts.
2. Assessment District 05-2 AGR 06-298
(Miramonte/Paladino Hills) generally located
in the Alfred Harrell Highway/Masterson
l Street area (Agreement not to exceed
$39,000).
3. Assessment District 06-1 (Etcheverry/Lin AGR 06-299
II/University Park) generally located in the
Ming Avenue/Gosford Road and Reina
Road! Allen Road areas (Agreement not to
exceed $39,000).
x. Refuse Collection Services:
1. Agreement with Kern Refuse Disposal, Inc. AGR 06-300
regarding refuse collection services.
2. Resolution consenting to assignment of RES 257-06
rights and obligations under Agreement No.
99-329 from Kern Refuse Disposal, Inc. to
Metropolitan Recycling Corporation for
existing lease of a portion of City's property
located adjacent to the Woodwaste
Facility.
y. Agreement with Bakersfield Senior Center, Inc. AGR 06-301
($50,000) Community Development Block
l Grant funds for operational expenses at 530 4th
Street.
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12. CONSENT CALENDAR continued ACTION TAKEN
z. Off Highway Motor Vehicle Recreation Project: j
1. Amendment NO.2 to Agreement No. 04-323 AGR 04-323(2)
($59,235) with Michael Brandman and
Associates for preparation of an
Environmental Impact Report for the project.
2. Amendment NO.3 to Agreement No. 04-102 AGR 04-102(3)
with State of California Department of
Parks and Recreation to increase the grant
amount by $200,000.
3. Appropriate $200,000 State Grant Funds to
the Off Highway Vehicle Park Capital
Improvement Budget within the Recreation
Facilities Fund for securing approval of an
Off Highway Vehicle Park.
Bids:
aa. Reject all bids for the Beach Park I rrigation Supply
Refurbishment Project.
bb. Accept base bid and additive alternate A and award AGR 06-302
contract to Nicholas Construction Inc.
($341,484) for canal culvert reconstruction at two j
locations along Kern Island Canal - Branch 1.
cc. Sewer Reconstruction on Brundage Lane and on L
Street:
1. Accept bid and award contract to Griffith AGR 06-303
Company ($7,760,911) for project.
2. Transfer $5,200,000 from a Capital
Improvement Project (Sewer Rehabilitation-
Gosford Road) to this project within the
Sewer Enterprise Fund (Wastewater
Treatment Plant 2).
dd. Accept bid from Pendpac, Inc. ($417,337.23) for
four (4) packer bodies with automated side arms.
ee. Accept bid from Communication Enterprises, Inc
($49,495.88) for replacement mobile radios.
Miscellaneous:
ff.
Appropriate $61 ,253 Transient Occupancy Tax fund
balance to the Non-departmental operating budget
and authorize payment to the Convention and
Visitors Bureau.
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12.
CONSENT CALENDAR continued
ACTION TAKEN
gg.
Revised job specification for Communications
Technician 1/11.
Motion by Vice-Mayor Maggard to approve Consent
Calendar items 12.a. through 12.gg.
13. CONSENT CALENDAR HEARINGS
APPROVED
a.
Public Hearing to consider Resolution ordering the
vacation of the turnarounds at the end of the alleys
on Tract 3513 located at the northwest corner of
Columbus Street and Christmas Tree Lane.
RES 258-06
b.
Public Hearing to consider Resolution ordering the
vacation of a portion of the sewer easement located
south of 16th Street between Pine and Myrtle
Streets.
RES 259-06
Hearings opened at 6:49 p.m.
No one spoke.
Hearings closed at 6:50 p.m.
Motion by Councilmember Couch to approve Consent
Calendar Hearing items 13.a. and 13.b.
APPROVED
14. HEARINGS
a.
Public Hearing to consider Resolution approving the
sale of real property by the Bakersfield
Redevelopment Agency for $1.00 to Baker Street
Village, LLC.
1. Transfer $300,000 Capital Improvement
Project funds to the Economic and
Community Development Operating budget.
RES 260-06
EDCD Director Kunz gave a computer presentation
and provided written material.
Hearing opened at 7:02 p.m.
Michael Kiel, Project Manager for the Triumph
Companies, spoke in favor of the staff
recommendation.
Hearing closed at 7:03 p.m.
Motion by Councilmember Benham to approve the
Resolution.
APPROVED
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Bakersfield, California, September 27,2006 - Page 10
14.
HEARINGS continued
ACTION TAKEN
b.
Public Hearing on Resolution of Necessity to
consider the acquisition by eminent domain of
property owned by Conoco Phillips Company
(previously Lion Oil Company) for the Westside
Parkway.
RES 261-06
DEED 6498
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City Clerk McCarthy announced correspondence
was received from Randall W. Booth, Conoco
Phillips, regarding this item.
City Manager Tandy and City Attorney Gennaro
made staff comments.
Hearing opened at 7:15 p.m.
No one spoke.
Hearing closed at 7:15 p.m.
Motion by Vice-Mayor Maggard to approve the
Resolution and authorize acquisition.
APPROVED
City Manager Tandy and City Attorney Gennaro
made staff comments.
RES 262-06
DEED 6499
DEED 6450
DEED 6451
DEED 6452
DEED 6453
DEED 6454
DEED 6455
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c.
Public Hearing on Resolution of Necessity to
consider the acquisition by eminent domain of
property owned by Big West of California, LLC
(Flying J Oil Refinery) for the Wests ide
Parkway.
Hearing opened at 7:17 p.m.
No one spoke.
Hearing closed at 7:17 p.m.
Motion by Vice-Mayor Maggard to approve the
Resolution and authorize acquisition.
APPROVED
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
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Bakersfield, California, September 27,2006 - Page 11
ACTION TAKEN
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NEW BUSINESS
None.
18.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested the Community
Services Committee address the issue of Bike Path
Safety.
Council member Benham requested staff address safety
issues in Central Park, provided contact information
and requested staff contact her.
Council member Benham thanked the Mayor and staff for
facilitating the visit of emissaries from Bakersfield's new
Sister City, Bucheon City, Republic of Korea.
Council member Carson thanked Police staff and
Recreation and Parks staff for providing assistance at the
anti-gang rally at Lowell Park on Sunday, September 24.
Council member Scrivner made comments regarding a
vehicle forfeiture penalty for speed contests, penalties for
graffiti vandals, utilizing the League of California Cities to
combat this type of crime and a bill signed by the Governor
today regarding these matters.
Councilmember Hanson requested staff address a
constituent's concern regarding a railroad crossing on
Buena Vista and provided contact information.
Council member Hanson requested an update regarding
the status of the signal at Buena Vista and Panama.
Councilmember Couch requested an update from the
July meeting with the City of Shatter regarding a report
concerning water rights/sources and options for the
City should no response be received.
Councilmember Couch requested staff provide a report
regarding the possible rotation of the City's
Worker's Compensation third party administrator.
Councilmember Couch requested an update regarding
the feasibility of a Park Watch Program.
Councilmember Couch requested an update regarding
the status of a Park Patrol Program.
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Bakersfield, California, September 27,2006 - Page 12
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COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
Councilmember Couch requested an update regarding
County procedures for handling cumulative impact
analysis and desirability of the City implementing the
same process.
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Councilmember Couch requested staff provide an
update regarding the City's plan foracquisition of land
for park development.
Council member Couch provided information from last
evening's LAFco meeting and requested City Manager
Tandy review the material and contact him.
Council member Sullivan made comments regarding street
maintenance.
Councilmember Sullivan requested staff email her the
City policy regarding feeding the homeless in Central
Park.
Council member Sullivan made comments regarding the
revitalization of Baker Street.
Vice-Mayor Maggard congratulated EDCD Director Kunz on
redevelopment success in the Baker Street area.
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Vice-Mayor Maggard requested City Clerk McCarthy
assist in honoring Joel and Jonathan Black in attaining
the rank of Eagle Scout.
Vice-Mayor Maggard requested staff respond to
correspondence from the Governor's office requesting
input concerning a Draft Strategic Action Proposal for
the California Partnership for the San Joaquin Valley
and provided the correspondence.
Vice-Mayor Maggard requested the entire Council be
provided the policy requested by Councilmember
Sullivan regarding feeding the homeless in Central
Park.
Vice-Mayor Maggard apologized to Mayor Hall for failing to
inform him of the cancellation of a press conference.
Council member Benham made comments regarding the
California Partnership for the San Joaquin Valley and
encouraged Councilmembers and staff to read material
provided today from that organization and make comments.
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18.
COUNCIL AND MAYOR STATEMENTS continued
ACTION TAKEN
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Mayor Hall made comments regarding the Baker Street
Village Project and suggested the media be provided the
drawings and requested a copy of the presentation made
earlier in the meeting.
Mayor Hall made comments regarding the luncheon for
Bakersfield's new Sister City, Bucheon City, Republic of
Korea.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:36 p.m..
ATTEST:
am" DA
CITY CLERK and Ex Offi' Clerk of
the Council of the City of Ba ersfield
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