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HomeMy WebLinkAbout03/14/07 CC MINUTES -, 225 l BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 14, 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. 2. PUBLIC STATEMENTS l a. Michael Turnipseed spoke regarding the T.R.I.P. Project and funding of the project in light of the failure of the Y2 Cent Sales Tax Initiative to pass in the November election. 3. WORKSHOPS a. Status Report on Thomas Roads Improvement Program (TRIP). City Manger Tandy, Public Works Director Rojas and T.R.I.P. Manager Wright gave a computer presentation and provided written material. Councilmember Couch requested staff provide a letter to the members of KernCOG reassuring them that the City of Bakersfield is interested in procuring as much money as possible for our region, but not at the expense of other KernCOG communities, and that the City is willing to work with the other members to achieve that end. l Councilmember Weir requested a narrative of the process involved in the awarding of the T.R.I.P. funds; what the local obligation is to the federal government due to these proceeds, and how the City has obligated itself to the federal government in order to receive the funds. 226 4. CLOSED SESSION Bakersfield, California, March 14, 2007 - Page 2 ACTION TAKEN a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Wanda Grant, et al v City, et al. J Motion by Vice-Mayor Hanson to adjourn the meeting to Closed Session at 6:00 p.m. Motion by Councilmember Benham to adjourn from Closed Session at 6:14 p.m. APPROVED APPROVED RECONVENED MEETING - 6:30 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Scrivner Absent: Sullivan, Couch 7. INVOCATION by Chaplain Gary Bashor, Rosewood Retirement Community. PLEDGE OF ALLEGIANCE by Benjamin Klein, 5th Grade Student at Columbia Elementary School. Mayor Hall acknowledged Bakersfield College and Ridgeview High School government classes in attendance at the meeting. J 6. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 regarding Wanda Grant, et al v City, et al. 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Dr. Wilbur Suesberry, President of Kern County Medical Society, and Mrs. Joel Cohen, President of Kern County Medical Society Alliance, proclaiming March 30, 2007, as Doctor's Day. Dr. Suesberry accepted the Proclamation and made comments. J I I I I I I l to , l' , l 227 Bakersfield, California, March 14, 2007 - Page 3 9. PRESENTATIONS continued ACTION TAKEN b. Presentation by Mayor Hall of Proclamation to Susan D. Handy, Principal, Bakersfield Adult School, proclaiming March 12-16,2007, as Adult Education Week. Nancy Williams, Program Administrator, accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS a. Nick Northrop, Paige Tucker and Alexandra Maxwell spoke regarding the Mayor's Youth Council. b. Marvin Dean spoke regarding the T.R.I.P. Project, small business and minority contractors, and provided written material. Councilmember Carson requested staff arrange informational meetings with T. R.I. P. and the Kern County Minority Contractors Association. 11. APPOINTMENTS a. Vice-Mayor Appointments to Kern Economic Development Corporation (KEDC), Local Agency Formation Commission (LAFCQ) Alternate and Kern COG for 2007-2008. Motion by Vice-Mayor Hanson to appoint EDCD Director Kunz to serve as the City representative on the Kern Economic Development Corporation. APPROVED AS COUCH, SULLIVAN Motion Vice-Mayor Hanson to appoint himself as the alternate to LAFCO. APPROVED AS COUCH, SULLIVAN Motion by Vice-Mayor Hanson to appoint himself as the alternate to KernCOG and to move the effective date of Councilmember Scrivner's appointment to KernCOG to March 15, 2007. 12. CONSENT CALENDAR APPROVED AS COUCH, SULLIVAN Minutes: a. Approval of minutes of the February 28,2007 Regular City Council Meeting. 228 Bakersfield, California, March 14, 2007 - Page 4 12. CONSENT CALENDAR continued Payments: b. Approval of department payments from February 16, 2007 to March 1, 2007 in the amount of $11,139,682.08 and self-insurance payments from February 16, 2007 to March 1, 2007 in the amount of $208,850.08. Ordinances: c. First Reading of Ordinance approving a Negative Declaration and amending Section 17.06.020 (Zone Map 123-2) of the Municipal Code by changing the zoning from R-1 (One Family Dwelling) and R-3 (Multiple Family Dwelling) to C-O PCD (Professional and Administrative Office-Planned Commercial Development) on .86 acres located at the northwest corner of S. Real Road & Elcia Drive. (ZC 06-2038) (Applicant: Stephen Hawkins P.E./ Property Owner: Gartner Family Trust) d. Adoption of Ordinance amending Section 17.06.020 (Zone Map 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 & Washington Street. (ZC 06-1043) (Applicant: Hendricks Engineering/Property Owner: Cottonwood Villas) e. Adoption of Ordinance amending Section 17.06.020 (Zone Map 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) ACTION TAKEN ASS WEIR J FR ORD 4410 J ORD 4411 J l l l 12. g. Bakersfield, California, March 14, 2007 - Page 5 CONSENT CALENDAR continued f. Adoption 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 & Rudal Street to Ward 3; Annexation No. 498 consisting of 2,203.81 acres located south of Panama Lane, generally east & 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. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 124-16 & 124-28) by changing the zoning from M-1 (Limited Manufacturing) and M-3 (Heavy Industrial) to OS (Open Space) on approximately 40 acres located at the southwest corner of E. Planz Road & Washington Street (future) and from A (Agriculture) to PUD (Planned Unit Development) on approximately 40 acres located at the southeast corner of Cottonwood Road & E. Berkshire Road (future). (GPAlZC 06-2022) (Applicant: Mel Heinemann/Property Owners: Mel Heinemann, Jack & Nuha Haddad, City) 229 ACTION TAKEN ORD 4412 ASS WEIR ORD 4413 230 Bakersfield, California, March 14, 2007 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN h. Adoption of Ordinance approving the Negative ORD 4414 J Declaration and amending Title 17 of the Municipal Code (Zone Map 122-24) by changing zoning from A-20A (Agriculture-20 acre minimum) to R-1 (One Family Dwelling) on 60 acres located at the northeast corner of Panama Lane & S. Allen Road (GPAlZC 06-0925) (Applicant: Mcintosh & Assoc/Property Owners: John Glenn Carmichael, Paul Dale Carmichael, Julie Anne Carmichael, 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.) i. Adoption of Ordinance approving the Negative ORD 4415 Declaration and amending Title 17 of the Municipal Code (Zone Map Nos. 104-17 & 104-20) by changing the zoning from C-2 (Regional Commercial) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on 37.74 acres and R-1 (One Family Dwelling) to R-21PUD on 9.51 acres located along the north side of Highway 178, east of the future extension of Vineland Road, south of City Hills Drive & west of Canteria Drive. J (GPAlZC 06-0940) (Applicant: Mcintosh & Assoc/Property Owner: Mountain View Bravo, LLC) j. Adoption of Ordinance approving the Negative ORD 4416 Declaration and amending Title 17 of the Municipal Code (Zone Map 103-22) by changing the zoning from PUD (Planned Unit Development) to R-2 (Limited Multiple Family Dwelling) on 5 acres and R-1-CH (One Family Dwelling/Church Combining) to R-2 on one acre located along the north side of Bernard Street approximately 900 feet west of Oswell Street. (GPAlZC 06-0668) (Applicant: Joseph Gergen/Property Owner: Church of Christ of East Bakersfield) k. Adoption of Ordinance approving the Negative ORD 4417 Declaration and amending Title 17 of the Municipal Code (Zone Map 104-18) by changing the zoning from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 10 acres located on the west side of Vineland Road, north & south of Panorama Drive. (GPAlZC 06-0544) (Applicant: Third Day Investments Group/Property J Owners: Third Day Investments Group, Roger C. " Alfred, Michael Hawkins, Iva Hawkins, Dark Investments, LLC, RAM Financial Services, Inc.) ~ 231 Bakersfield, California, March 14, 2007 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN l I. Adoption of Ordinance amending Title 17 of the ORD 4418 Municipal Code (Zone Map 104-21) by changing the zoning from RH (Residential Holding) to R-1/PUD (One Family Dwelling/ Planned Unit Development) on 217 acres, R-2/PUD (One Family Dwelling/Planned Unit Development) on 326 acres and R-3/PUD (Multiple Family Dwelling/Planned Unit Development) on 91 acres located east of Kern Canyon Road (Highway 184), approximately 1 Y2 miles north of Breckenridge Road, between the future extension of Edison Road on the west and Comanche Drive to the east. (GPAlZC 06-0961) (Applicant: Sikand Engineering/ Property Owners: Sky 21, LLC and Northeast 21 Ventures, LLC) m. Adoption of Ordinance approving the Negative ORD 4419 Declaration and amending Title 17 of the Municipal Code (Zone Map 104-07) by changing the zoning from A (Agriculture) to R-1 (One Family Dwelling) on 20.5 acres and A-HD (Agriculture- Hillside Development) to R-1-HD (One Family Dwelling-Hillside Development) on 20.5 acres located on the north side of Morning Drive l approximately % mile north of the Paladino Drive/Morning Drive intersection. (GPAlZC 06-1018) (Applicant/Property Owner: Cal-Kern Development III, LLC) n. Adoption of Ordinance approving the Negative ORD 4420 Declaration and amending Title 17 of the Municipal Code (Zone Map 102-05) by changing the zoning from E (Estate Residential) to R-1 (One Family Dwelling) on 39.41 acres located on the north side of Etchart Road, between Calloway Drive and Coffee Road. (GPAlZC 06-1692) (Applicant: Adavco, Inc./Property Owner: Bidart Brothers, LLC) o. Adoption of Ordinance approving the Negative ORD 4421 Declaration and amending Title 17 of the Municipal Code (Zone Map 123-31) by changing the zoning from A (Exclusive Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 16.5 acres and C-O (Professional and Administrative Office) on 5 acres generally located at the northeast corner of Taft Highway and Buena Vista Road. (GPAlZC 06-0535) (Applicant: Dave l Dmohowski/Property Owner: John Bianchi) 232 12. .. Bakersfield, California, March 14, 2007 - Page 8 CONSENT CALENDAR continued p. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 142-03) by changing the zoning from R-S-20A (Residential Suburban-20 acres minimum) to R-2 (Limited Multiple Family Dwelling) on 20 acres located at the southeast corner of Taft Highway and Ashe Road. (GPAlZC 06-0938) (Applicant: Mcintosh & Assoc for Centex Homes/Property Owner: Tommye Joe Baroncini) q. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 101-23) by changing the zoning from County A (Agriculture) to E (Estate) on 11.54 acres and R-1-CH (One Family Dwelling/Church) on 8.46 acres located along the north side of Rosedale Hwy. approximately 660 feet west of Allen Road. (GPAlZC 06-1037) (Applicant: Cornerstone Engineering/Property Owner: Christ Cathedral Church) r. Adoption of Ordinance approving the Negative Declaration and amending Title 17 of the Municipal Code (Zone Map 123-29) by changing the zoning from A (Exclusive Agriculture) to R-1 (One Family Dwelling) on 99.5 acres generally located north of McCutchen Rd. between Old River Rd, to the west & Progress Rd. to the east. (GPAlZC 06- 1014) (Applicant: Lusich Company/Property Owner: Old River Road, LLC) Resolutions: s. Resolution appointing Agent to represent the City in filing claims with the California Office of Emergency Services. t. Resolution approving application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 565 consisting of 91.65 acres located north of Etchart Road, west of the Beardsley Canal. ACTION TAKEN ORD 4422 J ORD 4423 ORD 4424 J RES 047-07 RES 048-07 J 233 Bakersfield, California, March 14, 2007 - Page 9 12. CONSENT CALENDAR continued ACTION TAKEN l u. Resolutions adding the following territories 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 049-07 1. Area 3-64 (Panama, Buena Vista SW) Area 3-65 (Hughes, McKee SW) RES 050-07 2. 3. Area 4-71 (Edison, Chase) RES 051-07 4. Area 5-33 (Belle Terrace, Madison SE) RES 052-07 v. Resolution of Intention No. 1513 to add territory, ROl1513 Area 3-45 (Panama, Buena Vista SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. w. Resolution of Intention No. 1514 to add territory, ROl1514 Area 1-68 (Patton, Meany SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's l Report. Resolution of Intention No. 1517 to add territory, ROl1517 x. Area 4-48 (College, Vineland SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. y. Resolution of Intention No. 1518 to add territory, ROl1518 Area 4-72 (Paladino, Vineland SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. z. Resolution of Intention No. 1519 to add territory, ROl1519 Area 4-73 (Mira Monte, 178 SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. aa. Resolution of Intention No. 1520 to add territory, ROl1520 Area 4-74 (Mt. Vernon, Columbus SW) to the Consolidated Maintenance District and preliminarily l adopting, confirming and approving Public Works Director's Report. 234 Bakersfield, California, March 14, 2007 - Page 10 ACTION TAKEN 12. CONSENT CALENDAR continued bb. RO/1522 j Resolution of Intention No. 1522 to add territory, Area 5-34 (Panama, Madison S) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. cc. Revised Job Specification and change to Salary Schedule: 1. Amendment No.5 to Resolution No. 078-06 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 Special Projects Manager. Revised job specification and title change from Special Events Manager to Special Projects Manager. RES 078-06(5) 2. Agreements: dd. Tract Maps and Improvement Agreements: J AGR 07-072 1. Final Map and Improvement Agreements AGR 07-073 with Centex Homes for Tract 6578 Units 1 AGR 07-074 & 2 located at the southeast corner of AGR 07-075 Pensinger Road and S. Allen Road. 2. Final Map and Improvement Agreements AGR 07-076 with Lennar Homes of California, Inc. for AGR 07-077 Tract 6685 located at the southeast corner of Harris Road and Old River Road. ee. Agreement with Lim & Nascimento Engineering AGR 07-078 Corporation ($992,050) for construction management of the Allen Road Bridge over the Kern River construction project. ff. Voice Communication System: 1. Agreement with PlanNet Consulting, LLC AGR 07-079 ($194,130) for consulting services for a voice communication system to replace the current phone system. 2. Transfer $195,000 from Public Works Department Capital Improvement Project (Corporation Yard Building C Addition) within j the Capital Outlay Fund to fund this agreement. 235 Bakersfield, California, March 14, 2007 - Page 11 12. CONSENT CALENDAR continued ACTION TAKEN l gg. Agreement with Avetik and Nazeli Cholakian AGR 07-080 ($65,600) to purchase real property located at DEED 6642 the northeast corner of Fairfax Road and Auburn DEED 6643 Drive for the Fairfax Interchange Project at State Route 178. hh. Agreement with Bakersfield Redevelopment Agency AGR 07-081 and University of La Verne ($60,000) for purchase of the lease option from the University to facilitate consolidation of City and Agency operations located at 1600 Truxtun Avenue and relocate the University to 24th & M Streets. ii. Agreement with DMJM Harris ($6,491,588) for AGR 07-082 design consultant services for Phase 2 of the Westside Parkway Project. Bids: jj. Accept bid and award contract to San Joaquin AGR 07-083 Interiors (not to exceed $120,554) for installation of carpet and flooring at the Police Department and City Hall Annex. kk. Accept bid and award annual contract to Jim Alfter AGR 07-084 l Cement Contractor (not to exceed $150,000) for canal liner repair. II. Accept bid and award contract to Stinson's AGR 07-085 Stationers, Inc. (not to exceed $350,000 per year for 5 year term) for office supplies. Miscellaneous: mm. Quitclaim Deed to Bolthouse Properties, LLC, removing Temporary and Permanent Sewer Line Easements, along the Allen Road trunkline sewer. DEED 6644 nn. Assessment District 94-3 Bond Call: 1. Appropriate $227,250 fund balances to the operating budgets within the 94-3 special assessment fund to facilitate advance redemption of Assessment Bonds. 00. Acceptance of Financial Audit Reports. l '2.36 Bakersfield, California, March 14, 2007 - Page 12 12. CONSENT CALENDAR continued pp. qq. ACTION TAKEN Appropriate $91,330 State Grant Revenue for the 2005/2006 Tire Derived Product Grant for rubber sidewalk at various locations throughout the City to the Public Works Capital Improvement Budget within the Capital Outlay Fund. Earth Day 2007 to be held on April 21 ,2007 at Beach Park: 1. Appropriate $2,998 grant from California State Parks Foundation to the Recreation and Parks Department Operating Budget within the General Fund to provide trees and supplies for Earth Day 2007. 2. Appropriate $1,540 from builder to the Recreation and Parks Department Operating Budget within the General Fund to provide trees along the bike path for Earth Day 2007. J Councllmember Weir announced he would abstain due to conflicts of interest on items 12.b. and 12.f. APPROVED AS COUCH, SULLIVAN Motion by Vice-Mayor Hanson to approve Consent Calendar Items 12.a. through 12.gg. J 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS a. Protest Hearing for proposed Assessment District No. 06-1 (Etcheverry/Lin II/University Park): 1. Resolution approving Final Engineer's Report, levying assessments, ordering improvements and authorizing and directing related actions. Public Works Director Rojas made staff comments. Hearing opened at 7:16 p.m. No one spoke. J Hearing closed at 7:16 p.m. l l l 237 Bakersfield, California, March 14, 2007 - Page 13 14. HEARINGS continued ACTION TAKEN APPROVED AS COUCH, SULLIVAN Motion by Vice-Mayor Hanson to approve the Resolution. 15. REPORTS a. Resolution establishing economic incentives for participation in the City's Voluntary Curbside Recycling Program. RES 054-07 Public Works Director Rojas made staff comments. Motion by Councilmember Weir to adopt the Resolution and implement the Committee recommendations. APPROVED AS COUCH, SULLIVAN 16. DEFERRED BUSINESS None. 17. NEW BUSINESS 18. None. MAYOR AND COUNCIL STATEMENTS Councilmember Benham encouraged citizens to participate in the recycling program. Councilmember Benham requested Police Chief Rector or Assistant Police Chief Lynn call her. Councilmember Carson reminded everyone of the Joint City/County Meeting Monday evening, March 19th, at which time information will be provided regarding the Anti-Gang Action Plan . Councilmember Carson reminded everyone of the Safe Neighborhoods Committee Meeting tomorrow, March 15th, at 11 :45 a.m. in the City Manager's Conference Room. Councilmember Carson made comments regarding Fire Station No. 5 and thanked staff for moving the project toward fruition. Councilmember Scrivner congratulated Councilmember Carson and staff for implementing the construction of Fire Station No.5. ACTION TAKEN 238 Bakersfield, California, March 14, 2007 - Page 14 18. MAYOR AND COUNCIL STATEMENTS Councilmember Scrivner requested staff respondHorward correspondence from a citizen regarding a County employee to the appropriate recipient. J Councilmember Scrivner requested the Planning and Development Committee review policy regarding signs and analyze the need to update the policy in light of new technology. Councilmember Scrivner requested staff respond to correspondence regarding the Americans With Disabilities Act as It applies to access of Wilson Road and Wible, and Wilson Road and South Real Road. Vice-Mayor Hanson congratulated Councilmember Carson on the ground breaking of Station No.5. Vice-Mayor Hanson thanked the Budget and Finance Committee for work on the curbside recycling issue. Vice-Mayor Hanson made remarks regarding the April 6th City Job Fair and encouraged job seekers to attend. Mayor Hall encouraged the public to participate in the April 21 st Great American Clean-Up. J 19. ADJOURNMENT Mayor Hall adjourned the meeting at 7:31 p.m.. IJ~&\ ATTEST: ~~ CITY CLERK and Ex ICIO Clerk of the Council of the City of Bakersfield j