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HomeMy WebLinkAbout11/29/06 CC MINUTES 125 l 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 l 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 l Motion by Councilmember Benham to adjourn from Closed Session at 6:32 p.m. APPROVED 126 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 J 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 J' .~' 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. J Bakersfield, California, November 29, 2006 - Page 3 127 9. PRESENTATIONS ACTION TAKEN l 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. l 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. FR l 128 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 ; 129 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. 130 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. l l l 131 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 y. AGR 06-367 z. REMOVED FOR SEPARATE CONSIDER A TION aa. 132 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) J 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: j 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. J 133 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. l 134 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 J 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. j 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. j 14. L l L Bakersfield, California, November 29, 2006 - Page 11 135 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. 136 Bakersfield, California, November 29, 2006 - Page 12 14. HEARINGS Item 14.c. continued ACTION TAKEN Hearing opened at 8:05 p.m. j 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 j 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. J 17. l18. l l Bakersfield, California, November 29, 2006 - Page 13 137 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. 138 Bakersfield, California, November 29, 2006 - Page 14 ACTION TAKEN 19 . ADJOURNMENT ATTEST: j Mayor Hall adjourned the meeting at 9:00 p.m.. ~ a~mc CITY CLERK and Ex Officio CI the Council of the City of Bakersfie J J