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HomeMy WebLinkAbout02/28/07 CC MINUTES L l l 205 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF FEBRUARY 28, 2007 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 Hanson, Councilmembers Carson, Benham, Weir, Couch, Hanson, Sullivan, Scrivner Absent: None. City Clerk McCarthy announced item 15.b. is being removed from the agenda. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel- Potential Initiation of Litigation; Closed Session pursuant to subdivision (c) of Government Code Section 54956.9. (Four issues) b. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. (Three cases) 1. Robert Pratt v City, et al 2. Lori Hedberg v City, et al 3. Wanda Grant, et al v City, et al Motion by Councilmember Couch to adjourn the meeting to Closed Session at 5: 17 p.m. APPROVED Motion by Councilmember Benham to adjourn from Closed Session at 6:37 p.m. APPROVED 2.06 Bakersfield, California, February 28, 2007 - Page 2 RECONVENED MEETING - 6:40 p.m. ACTION TAKEN Present: Mayor Hall, Vice-Mayor Hanson, Council members Carson, Benham, Weir, Couch, Sullivan, Scrivner J 5. ROLL CALL Absent: None 6. INVOCATION by Pastor Joe Grande, Faith Baptist Church. 7. PLEDGE OF ALLEGIANCE by David Barrett, 1st Grade Student at Olive Drive School. Mayor Hall acknowledged the Ridgeview High School government class in attendance at the meeting. City Clerk McCarthy announced item 15.b., regarding the Wastewater Treatment Plant is being removed from the agenda. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel- Potential Initiation of Litigation; Closed Session pursuant to subdivision {c} of Government Code Section 54956.9. (Four issues) Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9. (Three cases) 1 . Robert Pratt v City, et al CITY ATTORNEY AND CITY MANAGER GIVEN DIRECTION J b. NO REPORTABLE ACTION 2. Lori Hedberg v City, et al SETTLEMENT AUTHORIZED 3. Wanda Grant, et al v City, et al NO REPORTABLE ACTION City Attorney Gennaro announced settlement In an amount not to exceed $38,500.00 was authorized regarding item 8.b.2. j l l l 207 Bakersfield, California, February 28, 2007 - Page 3 9. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of Proclamation to Barbara Miner, President, Woman's Club of Bakersfield, proclaiming March, 2007, as Youth Art Month. Barbara Miner, President, Woman's Club of Bakersfield accepted the proclamation. b. Presentation by Mayor Hall of Certificate of Appreciation to 1 st Sgt. Robert Breeden, USMC. Sgt. Breeden accepted the proclamation. 10. PUBLIC STATEMENTS a. Paul Kunzler spoke regarding sick leave pay-out. b. Mary Osborn, Treasurer of the Van Horn School Parent Club, spoke regarding the Van Horn Classic Car/Bike Show, invited the Mayor and Council to attend the show, and provided written material. c. Roy Malahowski, Greater Bakersfield Legal Assistance, Jacqueline Meares, Paula Doddy and Roberta Culp spoke regarding traffic control near the Homeless Center. Councilmember Couch requested staff address the matter of Homeless Shelter residents assisting police staff attempt to control traffic near the shelter. a. Roger Christy, Greg Bynum, Danielle McKinney, Kevin Burton, Ken Carter and Sheryl Barbich, Greater Bakersfield Vision 20/20 spoke regarding updating of the City monument signs. 2() 8 11. APPOINTMENTS Bakersfield, California, February 28, 2007 - Page 4 ACTION TAKEN a. One appointment to the Miscellaneous Civil Service Board, due to the resignation of Sam Chow, term expiring December 31, 2008. City Clerk McCarthy announced correspondence was received from Cynthia Zimmer withdrawing her application, leaving a total of five applicants for the position. J Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 Ward 7 McClellan Klimko Klimko Klimko Klimko Kilmko Klimko Motion by Vice-Mayor Hanson to appoint Gregory Klimko to fill the vacancy created by the resignation of Sam Chow on the Miscellaneous Civil Service Board, term expiring December 31, 2008. APPROVED b. One appointment to the Keep Bakersfield Beautiful Committee due to the resignation of Gregory Gordon term expiring November 2008. Motion by Counc/lmember Benham to appoint Stephen Montgomery to the Keep Bakersfield Beautiful Committee, term expiring November 2008, due to the resignation of Gregory Gordon. APPROVED j 12. CONSENT CALENDAR Minutes: a. Approval of minutes of the February 7,2007 Regular City Council Meeting. Payments: b. Approval of department payments from January 26, 2007 to February 15, 2007 in the amount of $19,837,741.37 and self-insurance payments from January 26, 2007 to February 15, 2007 in the amount of $232,254.84. ABS WEIR j l l l 12. 20 9 Bakersfield, California, February 28, 2007 - Page 5 CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. First Reading of Ordinance amending Section 17.060.020 (Zone Map No. 124-16) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 40 acres located on the northwest corner of E. White Lane and Washington Street. (ZC 06-1043) (Applicant: Hendricks Engineering/Property Owner: Cottonwood Villas, LLC) First Reading of Ordinance amending Section 17.060.020 (Zone Map No. 103-13) of the Municipal Code by changing the zoning from R-2 CH (Limited Multiple Family Dwelling-Church Overlay) to R-1 (One Family Dwelling) on .66 acre located on the south side of Paladino Avenue, approximately Y2 mile west of Morning Drive. (ZC 06-1931) (Applicant: Thomas D. Sholin/Property Owner: Paladino West, LLC) FR d. FR e. First Reading of Ordinance amending Municipal Code Sections 1.12.010, 1.12.030, 1.12.040, 1.12.050 and 1.12.060 by adding Annexation No. 481 consisting of 127.39 acres located south of Panama Lane, east of S. Union Avenue and Annexation No. 524 consisting of .24 acres located east of Hughes Lane, south of Highway 58 to Ward 1; Annexation No. 541 consisting of 6.67 acres located near entrance to Kern River Golf Course, near Lake Ming Road and Rudal Street to Ward 3; Annexation No. 498 consisting of 2,203.81 acres located south of Panama Lane, generally east and west of Buena Vista Road, Annexation No. 512 consisting of 46.14 acres located north of Snow Road, east of Calloway Drive, west of the Calloway Canal and Annexation No. 518 consisting of 2081.80 acres located west of Allen Road, north of Panama Lane, McAllister Ranch Specific Plan adopted by Kern County to Ward 4, Annexation No. 527 consisting of 81.06 acres located west of Gosford Road, generally north of Taft Highway to Ward 5 and Annexation No. 534 consisting of .72 acres located north of Belle Terrace, south of Blomquist, east of McDonald Way to Ward 6. FR ABS WEIR 210 12. Bakersfield, California, February 28, 2007 - Page 6 CONSENT CALENDAR continued ACTION TAKEN ORD 4409 J f. Adoption of Ordinance denying the appeal, adopting a Negative Declaration and amending Title 17 of the Municipal Code and Zone Map NO.1 04-32 by changing the zoning from A (Agriculture) to R-S (Suburban Residential) on 20 acres generally located on the south side of Pioneer Drive (extended) approximately 660 feet east of Vineland Drive. (ZC 06-0581) (Applicant: Marino and Associates/Property Owners: Patricia Crawford, et al) Resolutions: g. Resolution authorizing the execution of a standard agreement or other documents to secure a Workforce Housing Reward Grant from the California Department of Housing and Community Development for the proposed Millcreek Linear Park Project. RES 030-07 ABS COUCH h. Sewer Connection Fee Assessments: 1. RES 031-07 Resolution confirming assessments for sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. Agreement with Jeff F. Ybarra and Mary J. Ybarra, 5109 Centaur Street, to pay sewer connection fee in installments and notice of special assessment lien. J..i.' .. j AGR 07-042 2. i. General Plan Amendment/Zone Change No. 06- 2022; Mel Heinemann, representing himself, Jack & Nuha Haddad and the City (property owners) has applied for a general plan amendment and zone change on approximately 40 acres located at the southwest corner of E. Planz Road and Washington Street (future) and on approximately 40 acres located at the southeast corner of Cottonwood Road and E. Berkshire Road (future). J l l l 12. Bakersfield, California, February 28, 2007 - Page 7 CONSENT CALENDAR continued Item 12.i. continued ACTION TAKEN 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to P (Public Facilities) on approximately 40 acres and from R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on approximately 40 acres. RES 032-07 j. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map Nos. 124-16 and 124-28 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres and from A (Agriculture) to PUD (Planned Unit Development) on approximately 40 acres. General Plan Amendment/Zone Change No. 05- 1887; Marino/Associates, representing Mel Heinemann and Jack & Nuha Haddad (property owners) has applied for a general plan amendment and zone change on 39.29 acres located at the southwest corner of East Planz Road and Washington Street (future). FR 2. WITHDRAWN 1. Resolution denying the general plan amendment changing the land use designation from LI (Light Industrial) and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 39.29 acres. 2. Resolution denying the amendment to Title 17 of the Municipal Code and Zone Map No. 124-16 from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to PUD (Planned Unit Development) on 39.29 acres. .- ~ 2 11 2.12 12. Bakersfield, California, February 28, 2007 - Page 8 CONSENT CALENDAR continued ACTION TAKEN k. J General Plan Amendment/Zone Change No. 06- 0925; Mcintosh & Associates, representing John Glenn Carmichael, Paul Dale Carmichael, Julie Anne Carmichael Curtis, Estate of Charlotte F. Greer, Estate of Martha Faith Todd, Erwin Franklin Wall, Jr., Estate of Hilton Frazier Wall, Jr., John Richard Wall, James Pearson Wall, Jr. (property owners) has applied for a general plan amendment and zone change on 60 acres located at the northeast corner of Panama Lane and S. Allen Road. 1. Resolution approving the Negative Declaration and adopting the general plan amendment changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 60 acres. RES 033-07 2. First Reading of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code and Zone Map No. 122-24 from A-20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 60 acres. FR j I. General Plan Amendment/Specific Plan/Zone Change No. 03-1544; Castle & Cooke, CA, Inc. (property owner) has applied for a general plan amendment, specific plan adoption, zone change and development agreement approval for the West Ming project on 2,184 acres generally located between Ming Avenue (extended) and Southern Pacific Railroad, Buena Vista Road and future West Beltway. 1. Resolution making findings approving and certifying the Final Environmental Impact Report (EIR) for General Plan Amendment/Specific Plan Approval/Zone Change No. 03-1544, known as the West Ming Project. REMOVED J l l l 12. 2.13 Bakersfield, California, February 28, 2007 - Page 9 CONSENT CALENDAR continued Item 12.1. continued ACTION TAKEN 2. Resolution adopting the general plan amendment changing the land use designations from R-IA (Resource-Intensive Agriculture), R-MP (Resource-Mineral Petroleum) and OS (Open Space) to West Ming Specific Plan and change the Kern River Plan Element Land Use Designations from 8.1 (Intensive Agriculture), 8.1/2.1 (Intensive Agriculture/Seismic Hazard Overlay), 8.4 (Mineral and Petroleum) and 2.5 (Flood Plain Overlay) to West Ming Specific Plan and amending the Circulation Element to change the Circulation Element alignment of the collector roads within the project boundaries to deviate from the current grid pattern, re-designate White Lane and Ming Avenue (west of South Allen Road) from arterials to collectors as shown in the West Ming Specific Plan. Resolution approving the West Ming Specific Plan changing the existing Metropolitan Bakersfield General Plan and the Kern River Plan Element Land Use Elements to WM-LR (West Ming-Low Density Residential) on 448 acres; to WM-LMR (West Ming-Low Medium Residential) on 980 acres; to WM-HMR (West Ming-High Medium Density Residential) on 378 acres, to WM-HR (West Ming-High Density Residential) on 43 acres, to WM-GC (West Ming-General Commercial) on 41 acres, to WM-OC (West Ming-Office Commercial) on 9 acres, WM-MU (West Ming-Mixed Use) on 63 acres and to WM-SU (West Ming-Special Use) on 220 acres. 3. '2.14 12. Bakersfield, California, February 28, 2007 - Page 10 CONSENT CALENDAR continued Item 12.1. continued ACTION TAKEN Resolution approving amendment to Title 17 of the Municipal Code by adopting the West Ming Specific Plan zoning for the project site changing the zoning to WM-R1 (West Ming One Family Dwelling) on 448 acres, WM-R2 (West Ming Limited Multiple Family Dwelling) on 1 ,358 acres, to WM-R3 (West Ming Limited Multiple Family Dwelling) on 43 acres, to WM-CO (West Ming Professional and Administrative Office) on 41 acres, to WM-GC (West Ming General Commercial) on 9 acres to WM-TC (West Ming Town Center) on 63 acres and to WM-SU (West Ming Special Use) on 220 acres. 5. Resolution approving the Development Agreement. J 4. m. Resolution adding territory, Area 3-61 (Akers, Ironrock 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. Resolution adding territory, Area 3-62 (Mountain Vista, Berkshire 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. RES 034-07 j n. RES 035-07 o. Resolution adding territory, Area 3-63 (Harris, Old River 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. Resolution adding territory, Area 4-68 (Panorama, Rivani 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. RES 036-07 p. RES 037-07 J 21- 5 Bakersfield, California, February 28, 2007 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN l q. Resolution adding territory, Area 4-69 (Union, E RES 038-07 California 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. r. Resolution adding territory, Area 4-70 (College, RES 039-07 Valencia 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. s. Resolution adding territory, Area 5-31 (Pacheco, RES 040-07 Cottonwood NW) 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. t. Resolution adding territory, Area 5-32 (Hosking, RES 041-07 Shannon SW) 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. u. Resolution of Intention No. 1509 to add territory, ROl1509 Area 3-64 (Panama, Buena Vista SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1510 to add territory, ROl1510 v. Area 3-65 (Hughes, McKee SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. w. Resolution of Intention No. 1511 to add territory, ROl1511 Area 4-71 (Edison, Chase) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. x. Resolution of Intention No. 1512 to add territory, ROl1512 Area 5-33 (Belle Terrace, Madison SE) to the Consolidated Maintenance District and l preliminarily adopting, confirming and approving Public Works Director's Report. 216 Bakersfield, California, February 28, 2007 - Page 12 12. CONSENT CALENDAR continued ACTION TAKEN y. Revised job specification and change to salary J schedule: 1. Amendment NO.4 to Resolution No. 078-06 RES 078-06(4) setting salaries and related benefits for officers and employees of the General Supervisory, Police Supervisory and Management Units, and, adopting salary schedule and related benefits for Assistant Economic Development Director. 2. Revised job specification/title change for Community Development Coordinator to Assistant Economic Development Director. Agreements: z. Final Tract Maps and Improvement Agreements with: 1. San Joaquin Development, LLC for Tract AGR 07-043 6152 Phase 3 located between McKee Road and Taft Hwy. (Hwy 119) west of Wible Road. 2. JP/CP Development, Inc. for Tract 6295 AGR 07-044 J Phase 2 located between Calloway Drive J and Coffee Road south of Brimhall Road. 3. Dunmore Diamond Ridge, LLC for Tract AGR 07-045 6332 located between Ashe and Stine AGR 07-046 Roads south of McCutchen Road. 4. Canyon Capital, Inc. & M.C. Williams Bros, AGR 07-047 Inc. for Tract 6353 Phase 1 located at the AGR 07-048 southwest intersection of Hosking Avenue and Hwy 99. 5. Lo Land Assets, LP & Lennar Homes of AGR 07-049 California, Inc. for Tract 6361 Phase 1 AGR 07-050 located between Wible Road & Hwy 99, south of McKee Road. 6. Moreland Family, LLC & C&O Bakersfield I, AGR 07-051 LLC for Tract 6362 Phase 1 located between AGR 07-052 Wible Road and Hwy 99, south of McKee Road. 7. Val Verde, LLC for Tract 6268 located at the AGR 07-053 southwest intersection of Hosking AGR 07-054 Avenue and Shannon Drive. J - 211 ." - Bakersfield, California, February 28, 2007 - Page 13 12. CONSENT CALENDAR continued ACTION TAKEN Item 12.z. continued l 8. Lennar Homes of California, Inc. for Tract AGR 07-055 6453 Unit 1 located at the southwest AGR 07-056 intersection of Reina and Allen Roads. 9. Castle & Cooke California, Inc. for Tract AGR 07-057 AGR 07-058 6799 located at the southwest intersection of AGR 07-059 Ming Avenue and Gosford Road. AGR 07-060 10. Wilson/Brimhall, LLC for Parcel Map 11476 AGR 07-061 located at the northwest intersection of Brimhall Road and Calloway Drive. (Improvement Agreements only) Agreement with Tuscany/Parcel 14, dba Siena AGR 07-062 aa. Homes for Tract 6347 (estimated Transportation Impact Fee Credit $278,714) located near the northwest corner of Alfred Harrell Highway and Paladino Drive. bb. Agreement with Steven Hendrix for purpose of AGR 07-063 constructing an aircraft storage hangar for a l monthly lease fee of $40.00. cc. Environmental Impact Report (EIR) for General Plan Amendment/Zone Change No. 06-1529 (Grand Bakersfield, LLC) generally located east of Ashe Road, south of Engle Road, west of Stine Road and north of Houghton Road. 1. Agreement with Grand Bakersfield, LLC AGR 07-064 ($254,900) for preparation of EIR and appropriate $191,183 (developer's contribution) to the Development Services Operating budget in the General Fund. 2. Agreement with RBF Consulting ($191,183) AGR 07-065 to prepare EIR. dd. Agreement with CMX Sports Engineers, LLC AGR 07-066 ($710,000) for preliminary and schematic design of the Sports Village located on the north side of Taft Highway between Gosford and Ashe Roads. ee. Agreement with CMX Sports Engineers, LLC AGR 07-067 l ($697,000) for architectural and engineering services for 40 acre baseball park located on the corner of Jewetta Avenue and Stockdale Highway. 218 Bakersfield, California, February 28, 2007 - Page 14 12. CONSENT CALENDAR continued ACTION TAKEN ft. Agreement with Arvin-Edison Water Storage District AGR 07-068 J (License to Encroach on Right of Way) for Madison Street Bridge. gg. Amendment No. 1 to Agreement No. CA 06-022 AGR 07-069 with Bragg & Associates (not to exceed $80,000) for handling liability claims adjusting and administration services. hh. Amendment No.1 to Agreement No. 06-211 with AGR 06-211(1) Greenfield Housing, LP for construction of 35 ABS COUCH affordable single family rental units of which the City will provide HOME CHDO financial assistance to five housing units and revise the language dealing with project definitions and underwriting terms of the CITY loan and remove Trust Deed security (no budgetary action). ii. Amendment No.3 to Agreement No. 00-095 with AGR 00-095(3) William Avery & Associates, Inc. (not to exceed $41,200 including expenses) for negotiation and consultant services in employer-employee relations. jj. Amendment No.2 to Agreement No. 05-262 with AGR 05-262(3) Jim Alfter Cement Contractor ($1,200,000 revised J not to exceed $3,000,000) for concrete construction. AGR 04-310(1) kk. Amendment NO.1 to Agreement No. 04-310 with Kone, Inc. ($20,000 revised not to exceed $100,000) for elevator maintenance and repair for various City facilities. II. Amendment NO.2 to Agreement No. 05-065 with AGR 05-065(2) San Joaquin Fence and Supply ($200,000 revised not to exceed $500,000 and extending the term for one year) for fencing. mm. Amendment No. 1 to Agreement No. 06-371 with bd AGR 06-371(1) Systems, Inc. for computerized routing application. Bids: nn. Accept bid from Casa Moore Audio and Video ($72,097.74) for a wireless mesh system for the Police Department. 00. Accept bid from US Filter ($2,084,114) for four dewatering centrifuges to be used in the Wastewater Treatment Plant 3 - 2007 Expansion Project. j l l;: }" l 12. 219 Bakersfield, California, February 28, 2007 - Page 15 CONSENT CALENDAR continued ACTION TAKEN Accept bid from Better Direct LLC ($77,777.70) for replacement tablet computers. qq. Accept bid and award contract to D.C. Hubbs Construction ($94,975) to construct guard rail improvements on Panorama Drive from Haley Street to Mt. Vernon Avenue. AGR 07-070 pp. Reconstruction on Gosford Road from Panama Lane to the Union Pacific Railroad tracks and on Olympia Drive from S. Laurelglen Boulevard to S. Half Moon Drive: 1. Accept bid and award contract to Granite Construction ($1,865,838) for the project. 2. Appropriate $150,000 surplus interest earnings of Vehicle License Fee Receivable Proceeds to the Public Works Capital Improvement Budget within the Capital Outlay Fund. 3. Appropriate $1,900,000 of Traffic Congestion Relief (Proposition 42) funds to the Public Works Capital Improvement Budget within the Gas Tax Fund. Miscellaneous: AGR 07-071 rr. ss. Reclassification of Programmer Analyst (1 position) to Applications Systems Supervisor. tt. Reclassification of Laborer (2 vacant positions) to Facility Workers (Solid Waste Division). uu. Revised job specification for Computer Drafting Technician 1/11. w. Employee recruitment and retention. ww. Authorization of a letter from the City to Governor Schwarzenegger requesting his support for a fair share allocation of Proposition 1 B Air Quality Mitigation funds ($1,000,000,000) to the San Joaquin Valley. 2'20 Bakersfield, California, February 28, 2007 - Page 16 12. CONSENT CALENDAR continued ACTION TAKEN City Clerk McCarthy announced correction to items 12.1. and 12. tt. Additionally the following correspondence was received from City of Shafter officials: J . 2/27/07 from City Manager Guinn regarding item 12.1., West Ming project . 2/27/07 from Mayor Prout, regarding item 12.1., West Ming project . 2/27/07 from Mayor Prout, regarding Shafter water . 2/28/07 from City Manager Guinn regarding letter from Mayor Prout . 2/28/07 from Mayor Prout regarding West Ming project and Shafter water Furthermore, correspondence and memorandums were received on 2/28/07 from the City Assistant Public Works Director, Water Resources Manager and Planning Director addressing some of the correspondence from the City of Shafter officials. Also, at the request of the developer, item 12.1. is being continued to a future General Plan Amendment cycle and the public will be noticed at that time. J Councilmember Weir announced he would abstain due to conflicts of Interest on items 12.b. and 12.e. Councilmember Couch announced he would abstain due to conflicts of interest on items 12.g. and 12.hh. Motion by Vice-Mayor Hanson to approve Consent Calendar items 12.a. through 12.ww., with correction to item 12.tt, withdrawal of Item 12.j. and at the request of the developer, the removal and continuation to a future GPA cycle of Item 12.1. 13. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution ordering the vacation of the 20 foot wide alley south of Bernard Street and west of Inyo Street. Public Hearing to consider Resolution to use a portion of City property as a public street right of way for Burr Street west of Gibson Street. RES 042-07 b. RES 043-07 J" .t 221 Bakersfield, California, February 28, 2007 - Page 17 13. CONSENT CALENDAR HEARINGS continued ACTION TAKEN l c. Public Hearing to consider Resolution making RES 044-07 findings and updating the Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan. d. Public Hearing (TEFRA) to consider Resolution RES 045-07 authorizing Levy Affiliated Holdings, LLC, or a limited liability company or limited partnership to be established by Levy Affiliated Holdings, LLC, to issue multifamily housing revenue bonds (not to exceed $7,500,000 to be used for acquisition, rehabilitation and development of an 88 unit multi- family rental housing development commonly known at Coventry Apartments at 3101 Coventry Place. Public Hearing (TEFRA) to consider Resolution RES 046-07 e. authorizing Catholic Healthcare West to issue tax exempt revenue bonds (not to exceed $985,000,000) for financing and/or refinancing the acquisition, construction, improvement and equipping of certain medical facilities known as Bakersfield Memorial Hospital (420 34th Street), Mercy Hospital (2215 Truxtun Avenue), Mercy l Southwest Hospital (400 Old River Road) and other health care facilities related thereto, owned and operated by Catholic Healthcare West. Hearings opened at 7:39 p.m. No one spoke. Hearings closed at 7:39 p.m. Motion by Vice-Mayor Hanson to approved Consent APPROVED Calendar Hearing items 13.a. through 13.e. 14. HEARINGS None. l 222 Bakersfield, California, February 28, 2007 - Page 18 15. REPORTS ACTION TAKEN a. Refurbishment of the entry monument signs located on State Route 99. J City Clerk McCarthy announced correspondence was received regarding this issue, two in favor of the Squiggle option, thirteen in support of the Vision 2020 option, two in favor of maintaining the current logo and one miscellaneous piece of correspondence. Motion by Councllmember Sullivan to include the present City logo In future entry sign designs with the specifics of those designs to be determined at a later date. FAILED NS HANSON, CARSON, BENHAM, COUCH Motion by Councilmember Benham to approve the proposed site improvements with costs to be provided as Indicated In the administrative report, options one and two for the south sign and option one at the north sign, from the Council Contingency Fund. APPROVED NS WEIR Motion by Councilmember Benham to approve the Vision 20/20 option, with the lettering option decision to be deferred, depending on the cost estimates from staff and fund-raising success from Vision 20/20. Additionally, Vision 20/20 will report back regarding fund-raising efforts In thirty days. APPROVED NS WEIR J Recess taken from 9:00 to 9:09 p.m. b. Report on Proposed Financing Plan for the Wastewater Plant Upgrade and Expansion Project. City Clerk McCarthy reiterated this item has been removed from the agenda. REMOVED j l l L 223 Bakersfield, California, February 28, 2007 - Page 19 16. DEFERRED BUSINESS ACTION TAKEN a. South Mill Creek Plaza Maya Cinema Complex: 1. Amendment No. 2 to Agreement No. 04-002 with D.W. Sivers Company and Maya Cinemas North America, Inc. to extend the completion date for the construction of the project to December 31,2008. AGR 04-002(2) 2. Amendment No. 2 to Agreement No. 04-003 with D.W. Sivers Company and Maya Cinemas North America, Inc. to extend the joint use parking agreement. AGR 04-003 City Clerk McCarthy announced Councilmember Couch will excuse himself from this item due to conflict of interest due to source of income, and for the remainder of the meeting. EDCD Director Kunz made staff comments. Roger Mcintosh, Mcintosh & Associates, representing Olmsheid and Sivers, made comments and introduced Ray Olmscheid. Ray Olmscheid, Olmscheid and Sivers, made comments and answered questions. Motion by Councilmember Benham to extend the completion date to December 31,2008 and to approve the Amendment to extend the Joint Use Parking Agreement. 17. NEW BUSINESS APPROVED ABS COUCH None. 18. MAYOR AND COUNCIL STATEMENTS Mayor Hall made comments regarding the success of the anti-graffiti program. 224 Bakersfield, California, February 28, 2007 - Page 20 19. ADJOURNMENT Mayor Hall adjourned the meeting at 9:35 p.m.. ATTEST: CITY CLERK and Ex Offici Clerk of the Council of the City of Bak rsfield ACTION TAKEN J J j