HomeMy WebLinkAbout11/29/06 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 29, 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, Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3.
WORKSHOPS
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None.
4.
CLOSED SESSION
a. Conference with Real Property Negotiators pursuant
to Government Code Section 54956.8 regarding
property located at 1600 Truxtun Avenue; Agency
Negotiators: Finance Director Nelson Smith and
Real Property Manager Donald Anderson;
Negotiating Parties: Borton, Petrini & Conron, LLP;
Under Negotiation: price and terms of payment for
purchase.
b. Conference with Legal Counsel- Potential Initiation
of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9. (One issue)
Motion by Vice-Mayor Maggard to adjourn the meeting
to Closed Session at 5: 18 p.m.
APPROVED
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Motion by Councilmember Benham to adjourn from
Closed Session at 6:32 p.m.
APPROVED
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Bakersfield, California, November 29, 2006 - Page 2
RECONVENED MEETING - 6:30 p.m.
ACTION TAKEN
Present: Mayor Hall, Vice-Mayor Maggard,
Councilmembers Carson, Benham, Couch,
Hanson, Sullivan, Scrivner
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5.
ROLL CALL
Absent: None.
6. INVOCATION by Pastor Jonathan Mullings, Truth
Tabernacle.
7. PLEDGE OF ALLEGIANCE by Connor Stacey, 2nd Grade
Student at Olive Drive Elementary School.
8. CLOSED SESSION ACTION
a.
Conference with Real Property Negotiators pursuant
to Government Code Section 54956.8 regarding
property located at 1600 Truxtun Avenue; Agency
Negotiators: Finance Director Nelson Smith and
Real Property Manager Donald Anderson;
Negotiating Parties: Borton, Petrini & Conron, LLP;
Under Negotiation: price and terms of payment for
purchase.
NO REPORTABLE
ACTION
b.
NO REPORTABLE
ACTION
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Conference with Legal Counsel- Potential Initiation
of Litigation; Closed Session pursuant to
subdivision (c) of Government Code Section
54956.9. (One issue)
9. PRESENTATIONS
a. Presentation by Rhonda Smiley, Public Information
Officer to Department winners of the 2006
Excellence in Action Awards and the Extra Mile
Award in recognition of outstanding service to the
City of Bakersfield. Recipients are:
Roberta Gafford, City Clerk's Office, Gary
Fenstermaker, Development Services, Maribel
Reyna, EDCD, Kandi Mosqueda, Treasury, Douglas
Greener and Terry Lyons, Fire, Rebecca Stokes and
Johnny Ramirez, Police, Gilbert Alemao and Manuel
Barraza, Public Works, Vicki Avila and Mary Ernst,
Recreation and Parks and Heather Williams, Water
Resources.
The recipient of the Extra Mile Award for 2006 was
Karen Bennett.
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Bakersfield, California, November 29, 2006 - Page 3
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9.
PRESENTATIONS
ACTION TAKEN
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b.
Presentation of Proclamation by Mayor to Dr.
Norman Levan proclaiming November 29, 2006, as
Dr. Norman Levan Day.
10. PUBLIC STATEMENTS
a. Katie Schueth and Lisa Roberson spoke regarding
the St. Jude's Dream Home.
Councilmember Sullivan requested the Budget and
Finance Committee address the issue of waiving
permitting fees for the St. Jude's Dream Home.
11. APPOINTMENTS
a. One appointment to the Bakersfield Redevelopment
Agency due to the resignation of Robert Martinez,
term expiring April 22, 2009.
Mayor Hall nominated Danny Ordiz to fill the
vacancy created on the Bakersfield Redevelopment
Agency due to the resignation of Robert Martinez.
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Motion by Vice-Mayor Maggard to appoint Danny Ordlz
to the Bakersfield Redevelopment Agency, term
expiring April 22, 2009.
12. CONSENT CALENDAR
APPROVED
Minutes:
a. Approval of minutes of the November 15, 2006
Regular City Council Meeting.
Payments:
b. Approval of department payments from November
3, 2006 to November 16, 2006 in the amount of
$10,461,118.17 and self-insurance payments from
November 3, 2006 to November 16, 2006 in the
amount of $1,105,703.08.
Ordinances:
c.
First Reading of Ordinance adding Section 8.04.030
to the Municipal Code relating to
restaurant grading.
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Bakersfield, California, November 29, 2006 - Page 4
12. CONSENT CALENDAR continued ACTION TAKEN
d. First Reading of Ordinance adding Section FR J
15.64.340 to the Municipal Code relating to the
California Fire Code (Temporary Membrane
Structures, Tents and Canopies).
e. Adoption of Ordinance amending Section ORD 4392
16.16.060(a) of the Municipal Code relating to
hearing notice requirements for tentative maps; and
Section 17.64.050(b) relating to hearing notice
requirements for general plan amendments, specific
plans or zone changes.
f. Adoption of Ordinance amending Municipal Code ORD 4393
Sections 1.12.040, 1.12.010, 1.12.050 and 1.12.070
by adding Annexation No. 473 consisting of 60.71
acres located west of Calloway Drive, generally
north of Snow Road; Annexation No. 478 consisting
of 97.35 acres located on the east side of Calloway
Drive, generally north of Snow Road; and
Annexation No. 489 consisting of 1.68 acres located
south of Rosedale Highway, west of EI Toro Viejo
Road to Ward 4; Annexation No. 487 consisting of
41.64 acres located east and west of Madison
Street, near Belle Terrace; and Annexation No. 497 J
consisting of 106.21 acres located at the northeast
corner of Berkshire Road and South Union Avenue
to Ward 1; Annexation No. 468 consisting of 121.90
acres located north and south of McCutchen Road,
east and west of Progress Road; and Annexation
No. 502 consisting of 45.69 acres located at the
southeast corner of Panama Lane and Buena Vista
Road to Ward 5; and Annexation No. 488 consisting
of 16.70 acres located generally south of McKee
Road, west of Freeway 99 to Ward 7.
Resolutions:
g. Resolution approving application proposing RES 300-06
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 563
consisting of 21.83 acres located at the
northwest corner of Snow Road and Coffee Road.
h. Resolution adopting the Investment Policy of the RES 301-06
City.
i. Resolution adopting the National Incident RES 302-06
Management System (NIMS). j
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Bakersfield, California, November 29, 2006 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
l j. Resolution approving the destruction of certain RES 303-06
obsolete City records, documents, instruments,
books and papers, pursuant to
California Government Code Section 34090, et
seq. (Public Works Department)
k. Resolution authorizing the requisite City personnel RES 304-D6
to execute all documents required to access Section
108 Loan Guarantee Funds of $3,750,000 and
Brownfields Economic Development Initiative Grant
of $750,000 for Mill Creek South Mixed Use Project.
I. Resolution confirming approval by Assistant City RES 305-06
Manager of 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 weeds, debris
and waste matter and authorize collection of the
assessments by the Kern County Tax Collector.
m. Resolution adding territory, Area 3-58 (Panama, RES 306-06
Gosford SE) to the Consolidated Maintenance
District and confirming the assessments, approving
l the Public Works Director's Report and authorizing
collection of assessments by the Kern County Tax
Collector.
n. Resolution of Intention No. 1492 to add territory, ROl1492
Area 4-65 (Morning, Paladino SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
o. Resolution of Intention No. 1493 to add territory, ROl1493
Area 2-33 (White, Buena Vista SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
p. Resolution of Intention No. 1494 to add territory, R011494
Area 3-59 (S Allen, Pensinger SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
q. Resolution of Intention No. 1495 to add territory, ROl1495
Area 4-66 (Panorama, Vineland SW) to the
l Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
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Bakersfield, California, November 29, 2006 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
r. Amendment No. 15 to Resolution No. 44-93 setting RES 44-93(15) j
salaries and related benefits for the Temporary Unit
due to increased minimum wage.
s. Amendment No.8 to Resolution No. 049-06 setting RES 049-06(8)
salaries and related benefits for
employees of the Blue and White Collar Units and
adopting salary schedule and related
benefits for Trades Assistant T -Step.
Agreements:
t. Final Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements AGR 06-348
with ADH Corporation for Tract 6297 Phase AGR 06-349
1 located north of Redbank Road between S. AGR 06-350
Oswell Street and S. Sterling Road.
2. Improvement Agreements with ADH AGR 06-351
Corporation for Tract 6297 Phases 4 & 5 AGR 06-352
located north of Redbank Road between S.
Oswell Street and S. Sterling Road.
3. Final Map and Improvement Agreements AGR 06-353
with GMAC Model Home Finance, LLC and AGR 06-354 J
Lennar Homes of California, Inc. for Tract
6328 Unit 1 located at the southwest
intersection of Panama Lane and Mountain
Vista Drive.
4. Final Map and Improvement Agreements AGR 06-355
with Lennar Homes of California, Inc. for AGR 06-356
Tract 6351 Unit 1 located at the southeast
corner of Panama Lane and Ashe Road.
5. Final Map and Improvement Agreements AGR 06-357
with Lennar Homes of California, Inc. for
Tract 6367 Unit 4 located north of Berkshire
Road and west of Highway 99.
u. Bakersfield Municipal Airport Ground Leases:
1. Agreements with Steven Ayler for purposes AGR 06-358
of constructing two aircraft storage AGR 06-359
hangars for a monthly lease fee of $40.00
each.
2. Agreements with Kern Charter Services for AGR 06-360
purposes of constructing two aircraft AGR 06-361
storage hangars for a monthly lease fee of j
$40.00 each.
12.
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Bakersfield, California, November 29, 2006 - Page 7
CONSENT CALENDAR continued
ACTION TAKEN
v.
Installation of traffic signal and lighting system at the
intersection of State Route 58 eastbound on/off
ramps and Cottonwood Road:
1. Agreement with State of California
Department of Transportation - Caltrans
($250,000) for the project.
2. Appropriate $250,000 Transportation
Development Fund balance to the Public
Works Department Capital Improvement
Budget.
AGR 06-362
w. Baseball Complex located at the corner of Stockdale
Highway and Jewetta Avenue:
1.
Agreement with Bakersfield Southwest
Baseball, Inc. (BSWB) for construction of
baseball complex.
Agreement with BSWB for a license to
operate baseball complex.
AGR 06-363
2.
AGR 06-364
x.
City in the Hills Parks:
1. Agreement with Mountain View Bravo, LLC
(not to exceed $2,100,114) to construct
City in the Hills Park East located at City
Hills Drive and Kuma Way (estimated
reimbursement at completion is $250,000).
2. Agreement with Mountain View Bravo, LLC
(not to exceed $1,789,496) to construct
City in the Hills Park West located at City
Hills Drive and Manchester Lane (estimated
reimbursement at completion is $250,000).
Agreement with McMillan Arlington Park, LLC (not to
exceed $140,000) to reimburse costs for roadway
paving and sewer laterals on Hosking Avenue west
of Union Avenue.
Amendment No. 1 to Agreement No. CA06-014 with
Clifford & Brown ($50,000 total not to exceed
$90,000) for outside legal services in the matter of
John M. Tarabino, et al v City.
Amendment No. 1 to Agreement No. 05-325 with
Kern County Water Agency for water supply for the
City Domestic Water System.
AGR 05-325(1)
AGR 06-365
AGR 06-366
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AGR 06-367
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REMOVED FOR
SEPARATE
CONSIDER A TION
aa.
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Bakersfield, California, November 29, 2006 - Page 8
12.
CONSENT CALENDAR continued
ACTION TAKEN
bb.
Amendment NO.1 to Agreement No. 03-310 with
Virginia Gennaro for employment as City Attorney.
AGR 03-310(1)
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Bids:
cc.
AGR 06-369
Accept bid and award contract to Bakersfield Well &
Pump Company ($365,385) for drilling and pump
testing one domestic water well, CBK-52 located at
9701 Grey Goose Street, in the vicinity of Old River
Road and Harris Road.
dd. Wastewater Treatment Plan 2 Primary Clarifiers 1 &
2 Effluent Channel Concrete Coating:
1.
AGR 06-370
2.
Accept bid and award contract to Universal
Coatings Inc. ($317,880) for project.
Appropriate $152,000 Sewer Enterprise
Fund balance (WWTP No.2) to Public
Works Capital Improvement Budget to fund
the project.
Accept proposal and award contract to bd Systems,
Inc. (not to exceed $93,000) for a computerized
routing application.
AGR 06-371
ee.
Miscellaneous:
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ff. Independent Auditors Report for the Rabobank
Arena, Theater, Convention Center & Ice Sports
Center for the Fiscal Year ended June 30,2006.
gg. Mount Vernon Greenwaste Facility:
1 . Purchase two wood grinders from Morbark,
Inc. ($1,245,275.08) as part of program
to convert equipment at Facility from diesel
to clean electric power to meet air
pollution control requirements.
2. Appropriate and transfer $280,000 Rose
Foundation grant and $682,818 Refuse
Fund balance from the Refuse Fund to the
Public Works Department Operating
Budget within the Equipment Management
Fund.
3. Appropriate $282,458 Equipment
Management Fund balance to the Public
Works Department Operating Budget.
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Bakersfield, California, November 29, 2006 - Page 9
12. CONSENT CALENDAR continued ACTION TAKEN
L hh. Authorize purchase of bomb squad equipment
($145,500) by Kern County pursuant to Agreement
No. 06-139.
ii. Community Development Block Grant Action Plan
Amendment No. 1 (FY 06/07) to provide additional
funding for Lowell Place Security Fence Project and
Baker Streetscape Improvement Project, Phase II. I
City Clerk McCarthy announced a correction to the
backup in item 12.a.
Motion by Vice-Mayor Maggard to approve Consent APPROVED
Calendar items 12.a through 12.;;, with the removal of
item 12.z. for separate consideration.
z. Amendment No. 1 to Agreement No. CA06-014 with AGR 06-368
Clifford & Brown ($50,000 total not to exceed
$90,000) for outside legal services in the matter of
John M. Tarabino, et al v City.
Vice-Mayor Maggard asked City Attorney Gennaro for
the record, who is paying the fees for the litigation.
l City Attorney Gennaro responded It Is her
, understanding that the fees are being paid by General
Holdings on behalf of the plaintiffs.
Councllmember Couch requested an on-going
monthly report regarding outside legal costs regarding
this issue.
Motion by Vice-Maggard to approve Item 12.z. APPROVED
13. CONSENT CALENDAR HEARINGS
None.
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14.
HEARINGS
Bakersfield, California, November 29, 2006 - Page 10
ACTION TAKEN
a.
Public Hearing to consider Resolution conditionally
consenting to the sale of a cable television system
from Cebridge Acquistions, LP to Bright House
Networks, LLC and the surrender of a cable
television franchise and termination and
abandonment of service by Cebridge Acquisition,
LP.
RES 307-06
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Staff comments by City Attorney Gennaro.
Hearing opened at 7:15 p.m.
Bruce Rapp spoke in opposition to the staff
recommendation.
Hearing closed at 7:18 p.m.
Vice-Mayor Maggard requested staff act as liaison
between Mr. Rapp and the cable company to facilitate
providing his area of residence with cable service.
Motion by Vice-Mayor Maggard to adopt the Resolution.
APPROVED
NS CARSON
Councilmember Couch requested staff place 800
numbers for Brighthouse and Suddenlink on the City's
webpage.
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b.
General Plan Amendment No. 06-0464; San
Joaquin Engineering, Inc., representing CAVU
Investment, Ltd. (property owner) has applied for a
general plan amendment on 20.76 acres located at
the southwest corner of Lake Ming Road and Old
Alfred Harrell Highway.
1. Resolution approving the Negative
Declaration and adopting the general plan
amendment changing the land use
designation from GC (General Commercial)
to LR (Low Density Residential) on 20.76
acres.
RES 308-06
Staff comments by Development Services Director
Grady.
Hearing opened at 7:26 p.m.
Patti Wilson, Rio Bravo Phase 1 Homeowners
Association, spoke in opposition to the staff
recommendation and submitted written material.
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14.
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Bakersfield, California, November 29, 2006 - Page 11
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HEARINGS
Item 14.b, continued
ACTION TAKEN
Brett Dawson, San Joaquin Engineering on behalf
CAVU Investment, Ltd., spoke in support of the staff
recommendation.
Patti Wilson, Rio Bravo Phase 1 Homeowners
Association, spoke in opposition rebuttal to the staff
recommendation.
Hearing closed at 7:35 p.m.
Motion by Vice-Mayor Maggard to adopt the Resolution
with amendments to reflect the agreed upon wall
extensions and restrictions to certain lots being single
story only.
APPROVED
c.
General Plan Amendment/Zone Change No. 06-
0443; Marino & Associates, representing West
Coast Investments, Inc. (property owner) has
applied for a general plan amendment and zone
change on 28.52 acres located on the north side of
Pacheco Road and west of Akers Road (future). An
appeal of the Planning Commission's decision was
submitted by West Coast Investments, Inc.
1. Resolution denying the general plan
amendment changing the land use
designation from LI (Light Industrial) to HMR
(High Medium Density Residential) on 23.66
acres and SI (Service Industrial) to HMR on
4.86 acres.
Ordinance adopting a Negative Declaration
and amending Section 17.06.020 (Zoning
Map 123-14) of Title Seventeen of the
Bakersfield Municipal Code to change the
zoning from M-1 (Limited Manufacturing) to
R-2/P.U.D. (Limited Multiple Family
Dwelling/Planned Unit Development) of
10.26 acres and M-2 (General
Manufacturing) to R-2/P.U.D. on 13.62
acres, generally located on the north side of
Pacheco Road and west of Akers Road.
FR
RES 309-06
2.
City Clerk McCarthy announced correspondence
was received from staff'regarding the revised
recommendation and conditions of approval.
Staff comments by Development Services Director
Grady.
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Bakersfield, California, November 29, 2006 - Page 12
14.
HEARINGS
Item 14.c. continued
ACTION TAKEN
Hearing opened at 8:05 p.m.
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Kristine Boyer, Crimson Resource Management,
spoke in opposition to the staff recommendation.
Shawn Biosal, President, West Coast Investments,
Inc. and Mike Brown, West Coast Investments,
spoke in favor of the staff recommendation.
Kristine Boyer, Crimson Resource Management,
spoke in opposition rebuttal to the staff
recommendation.
Hearing closed at 8:24 p.m.
Motion by Councilmember Sullivan to adopt the
Resolution upholding the appeal and give first reading
to the Ordinance with the revised zoning and
conditions.
APPROVED
16. DEFERRED BUSINESS
a.
Agreement with Century Building Associates, LLC
($9,500,000) to purchase real property located at
1600 Truxtun Avenue to address space needs at
City Hall.
AGR 06-372
DEED 6590
AGR 06-392
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1. Appropriate and transfer $6,500,000 General
Fund Balance from the General Fund to the
Capital Outlay Fund; and appropriate and
transfer $3,000,000 from the Facilities
Reserve Fund to the Capital Outlay Fund for
a total of $9,500,00 for the purchase of the
Borton Petrini building located at 1600
Truxtun Avenue.
City Clerk McCarthy announced late
correspondence was received from staff adding
appropriation language to the item and changing the
staff recommendation to approve the appropriation.
Motion by Councilmember Benham to approve the
Agreement and appropriation transfers.
APPROVED
15. REPORTS
None.
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Bakersfield, California, November 29, 2006 - Page 13
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NEW BUSINESS
ACTION TAKEN
None.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham made comments regarding
dedicated City employees, particularly those in Recreation
and Parks who worked to make last weekend's Turkey
Swim a success, and the public safety response personnel
who responded to the accident Saturday on Truxtun Ave.
Council member Couch thanked Vice-Mayor Maggard for
his service to the City and wished him well as he prepares
to assume the office of County Supervisor.
Councllmember Sullivan requested staff provide
additional trash receptacles along the route of the
Christmas Parade and encourage citizens to use them.
Councilmember Hanson requested staff explore
erecting a center barrier down Truxtun Extension.
Councilmember Hanson requested staff monitor trash
build up behind Sam's Club and contact him if there are
additional complaints.
Councilmember Scrivner thanked staff for responding to his
referrals in an expeditious manner.
Councilmember Scrivner complimented Mayor Hall for
representing the City in a positive light.
Vice-Mayor Maggard made comments regarding Mayor
Hall's facilitation of past Christmas Parades.
Vice-Mayor Maggard requested staff analyze methods
for speed control on Truxtun Ave.
Mayor Hall made comments regarding the success of the
Shik Parade and compliment the Shik community and
Rabobank Arena and Police staffs for their contributions to
that success.
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Bakersfield, California, November 29, 2006 - Page 14
ACTION TAKEN
19 . ADJOURNMENT
ATTEST:
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Mayor Hall adjourned the meeting at 9:00 p.m..
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CITY CLERK and Ex Officio CI
the Council of the City of Bakersfie
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