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HomeMy WebLinkAbout03/28/07 CC MINUTES 241 L BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 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, Council members Carson, Benham, Weir, Couch, Hanson, Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENTS None. 3. WORKSHOPS l.. t. . None. 4. CLOSED SESSION l a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Wanda Grant, et al v City, et al Kern Countv Superior Court Case No. S-1500- CV-257611-SPC 2. Anthony Campbell, et al v City, et al USDC Central District Case No. CIV-F-04-5585 AWl TAG 3. Thomas Teagarden v City, Bakersfield Police Department, et al USDC. Eastern District. Case No.1 :07-CV- 00054-AWI- T AG Robert Pratt v City, et al KCSC Case No. S-1500-CV-256401, KCSC Case No. S-1500-CV-253264. RJA, and KCSC Case No. S-1500-CV-259414-AEW 4. 248 Bakersfield, California, March 28, 2007 - Page 2 4. CLOSED SESSION continued ACTION TAKEN b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(B) of Government Code Section 54956.9 regarding appeal of personnel action in the matter of Robert Pratt. j Motion by Vice-Mayor Hanson to adjourn the meeting to Closed Session at 5: 17 p.m. APPROVED Motion by Councilmember Benham to adjourn from Closed Session at 6:57 p.m. APPROVED RECONVENED MEETING - 7:00 p.m. 5. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Council members Carson, Benham, Weir, Scrivner Absent: None. 6. INVOCATION by Pastor Victor Perez, Believers In Jesus Ministries. 7. PLEDGE OF ALLEGIANCE by Karyssa Martinez, 6th Grade Student at Bessie Owens Intermediate School. j. . . ...~ Mayor Hall acknowledged a Bakersfield College political science class and Boy Scout Troop 139, First Presbyterian Church, in attendance at the meeting. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. Wanda Grant, et al v City, et al Kern Countv Suoerior Court Case No. S-1500- CV-257611-SPC NO REPORTABLE ACTION 3. Anthony Campbell, et al v City, et al USDC Central District Case No. CIV-F-04-5585 AWl TAG Thomas Teagarden v City, Bakersfield Police Department, et al USDC. Eastern District. Case No.1 :07-CV- 00054-AWI-TAG NO REPORTABLE ACTION 2. A TTORNEY GIVEN DIRECTION J 249 Bakersfield, California, March 28, 2007 - Page 3 8. CLOSED SESSION ACTION continued Item 8.a. continued ACTION TAKEN l 4. Robert Pratt v City, et al KCSC Case No. S-1500-CV -256401, KCSC Case No. S-1500-CV-253264. RJA, and KCSC Case No. S-1500-CV-259414-AEW NO REPORTABLE ACTION b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1 )(3)(B) of Government Code Section 54956.9 regarding appeal of personnel action in the matter of Robert Pratt. CITY MANGER GIVEN DIRECTION City Attorney Gennaro announced Closed Session would be reconvened at the close of the regular Council meeting. City Attorney Gennaro announced the City Council has directed the City Manager's office to agendlze the potential removal of Fire Civil Service Commissioner Gentry at the Council meeting of 4-11-07. 9. PRESENTATIONS a. Presentation by Mayor Hall to Dr. B. A. Jinadu, Director of Public Health Services, Kern County Department of Public Health, proclaiming April 2-8, 2007 as Public Health Week. l Dr. Jinadu accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Judy L. Normoyle, Ambassador for OneLegacy and President, Kern Area Transplant Support Group, proclaiming April, 2007, as National Donate Life Month. Ms. Normoyle accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS a. Debbie Moreno, on behalf of Greater Bakersfield Vision 2020 Vision Force Committee, gave an update regarding funding for City monument signs. l. t . Councilmember Benham requested staff expedite computation of the amount of funding needed for the monument signs so the project can be completed. b. Magdy Aboelghar and Gregory Lane spoke regarding road safety on Truxtun Extension. 250 10. Bakersfield, California, March 28, 2007 - Page 4 PUBLIC STATEMENTS continued c. Roy Malohowski, Greater Bakersfield Legal Assistance, provided written material and spoke regarding traffic control near the Homeless Center on Truxtun Avenue. Additionally Jacqueline Meares, Roberta Culp and Rene Skinner spoke on the same subject. d. Jim Hankins spoke regarding poor re-paving on Foxboro Ct. 11. APPOINTMENTS 12. CONSENT CALENDAR None. Minutes: a. Approval of minutes of the March 14, 2007 Regular City Council Meeting. Payments: b. Approval of department payments from March 2, 2007 to March 15, 2007 in the amount of $15,836,328.68 and self-insurance payments from March 2, 2007 to March 15, 2007 in the amount of $216,130.23. Ordinances: c. First Reading of Ordinance amending Municipal Code Section 1.12.040 by adding Annexation No. 486 consisting of 106.66 acres located north of Snow Road, west of Allen Road; Annexation No. 495 consisting of 60.88 acres located north of Reina Road to Kratzmeyer Road, west of Allen Road; and, Annexation No. 535 consisting of 82.25 acres located south of Snow Road, west of Allen Road to Ward 4. ACTION TAKEN j ASS WEIR j FR J, ~' l l l 12. Bakersfield, California, March 28, 2007 - Page 5 CONSENT CALENDAR continued d. Adoption 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 CoO PCD (Professional and Administrative Office- Planned Commercial Development) on .86 acres located at the northwest corner of S. Real Road and Elcia Drive. (ZC 06-2038) (Applicant: Stephen Hawkins P.E.I Property Owner: Gartner Family Trust) Resolutions: e. Assessment District No. 06-1 (Etcheverry/Lin II/University Park): f. Resolution determining assessments remaining unpaid. Resolution authorizing issuance of bonds. Resolution approving form and substance of preliminary Official Statement and Bond Purchase Contract, authorizing modifications thereto and execution thereof, and authorizing related documents and actions. Resolution confirming approval by the Assistant City Manager of the 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. 1. 2. 3. g. Resolution approving an application proposing proceedings for annexation of uninhabited territory to the City identified as Annexation No. 510 consisting of 126.68 net acres located south of Olive Drive, west of State Freeway 99. h. 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. 1. 2. Area 1-68 (Patton, Meany SW) Area 3-45 (Panama, Buena Vista SE) 251 ACTION TAKEN ORD 4425 RES 055-07 RES 056-07 RES 057-07 RES 058-07 RES 059-07 ABS WEIR RES 060-07 RES 061-07 252 Bakersfield, California, March 28, 2007 - Page 6 12. CONSENT CALENDAR continued Item 12.h. continued 3. Area 4-48 (College, Vineland SW) 4. Area 4-72 (Paladino, Vineland SW) 5. 6. Area 4-73 (Miramonte, 178 SE) Area 4-74 (Mt. Vernon, Columbus SW) Area 5-34 (Panama, Madison S) 7. Resolution of Intention No. 1521 to add territory, Area 4-75 (Miramonte, 178 NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1525 to add territory, Area 4-76 (Morning, Madarin N) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1526 to add territory, Area 5-35 (Planz, Coy S) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. I. Allen Road II Planned Sewer Area: i. j. k. 1. Resolution of Intention No. 1471 to establish the sewer plan for the Allen Road II Planned Sewer Area and preliminarily approving the cost and fee schedule and the boundaries of the area. 2. First Reading of Ordinance amending Section 16.32.060 of the Municipal Code relating to sewer facilities. ACTION TAKEN RES 062-07 RES 063-07 J RES 064-07 RES 065-07 RES 066-07 RO/1521 RO/1525 RO/1526 J RO/1471 FR J 253 Bakersfield, California, March 28, 2007 - Page 7 12. CONSENT CALENDAR continued ACTION TAKEN l m. Panama and Union Planned Sewer Area: 1. Resolution of Intention No. 1527 to establish ROl1527 the sewer plan for the Panama and Union Planned Sewer Area and preliminarily approving the cost and fee schedule and the boundaries of the area. 2. First Reading of Ordinance amending FR Section 16.32.060 of the Municipal Code relating to sewer facilities. n. Resolution of Intention No. 1523 to establish the ROl1523 drainage plan for the Revised Pioneer Planned Drainage Area and preliminarily approving the cost and fee schedule and the boundaries of the area. Agreements: o. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements AGR 07-086 with Rio Bravo Heights, LLC for Tract 5516 AGR 07-087 Phases 1 & 2 located at the southeast corner l of Vista Grande Drive and De La Guerra Terrace. 2. Final Map and Improvement Agreements AGR 07-088 with KB South Bay, Inc. for Tract 6338 AGR 07-089 Phase 1 located at the southwest corner of Paladino Drive and Vineland Road. 3. Final Map and Improvement Agreements AGR 07-090 with Lennar Homes of California, Inc. for AGR 07-091 Tract 6363 Unit 1 located north off Harris Road and east of Old River Road. 4. Final Map and Improvement Agreements AGR 07-092 with Norris Road, LLC for Tract 6480 AGR 07-093 located at the southeast corner of Etchart Road and Verdugo Lane. 5. Final Map and Improvement Agreements AGR 07-094 AGR 07-095 with Centex Homes for Tract 6491 Phase 1 located north off Taft Highway (Hwy 119) east of Ashe Road. p. Agreement with Kern Sanitation Authority granting AGR 07-096 the City an easement at the northwest corner of E. DEED 6654 l Planz Road and S. Oswell Street for the Northeast Bakersfield Sewer Trunk Line. 254 12. Bakersfield, California, March 28, 2007 - Page 8 CONSENT CALENDAR continued q. Agreement granting the County of Kern an easement on the north side of Planz Road west of Mt. Vernon Avenue for the Rexland Acres Sewer Project. Agreement with Gregory B. Bragg & Associates, Inc. (total not to exceed $405,000 over three years) for liability claim adjustment services. r. s. Centennial Freeway (future): 1. Agreement with Bakersfield Redevelopment Agency ($1,000,000) for City to purchase Agency owned property located to the east of P and Q Streets and south of the B.N.S.F. railroad tracks for freeway right of way requirements. Appropriate $1,000,000 proceeds from the sale of land to the Southeast Redevelopment Project Area, Low-Mod Housing Fund for future land acquisition. 2. t. City v. North Kern Water Storage District, et al; City v. Oildale Mutual Water Company; and, City v. City of Shatter: 1. Agreement with Duane Morris, LLP, ($250,000) for outside legal services. 2. Agreement with Clifford & Brown ($250,000) for outside legal services. 3. Appropriate $250,000 Ag Water Fund balance and $250,000 Domestic Water Fund balance to the Ag and Domestic Water operating budgets. Cooperative Agreement with California Department of Transportation (Caltrans) to reconstruct the eastbound White Lane to the southbound State Route 99 on-ramp. Cooperative Agreement with California Department of Transportation (Caltrans) ($15,000,000) to construct a new interchange on State Route 178 at Fairfax Road and extend State Route 178 to a four lane freeway for 1.75 miles. Agreement with Lennar Homes of California, Inc. (estimated traffic impact fee credit $5,717,648) for improvements on Snow Road. u. v. w. ACTION TAKEN AGR 07-097 DEED 6655 j, .1 AGR 07-098 AGR 07-099 DEED 6656 ASS COUCH ASS COUCH AGR 07-100 j AGR 07-101 AGR 07-102 AGR 07-103 AGR 07-104 j -~ 256 Bakersfield, California, March 28, 2007 - Page 10 12. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: J ee. Adopt letter from the City Manager to the Kern Council of Governments Board of Directors regarding State Transportation Improvement Program (STIP) Augmentation Funds as Council Policy. ff. Reclassification of Secretary II to Deputy City Clerk in the City Clerk's Office. Councilmember Weir announced he would abstain due to conflicts of interest, source of income, on items 12.b. and 12.h. Councilmember Couch announced he would abstain due to conflicts of interest, client owns property within 300', on items 12.s.1. and 12.s.2. Motion by Vice-Mayor Hanson to approve Consent Calendar items 12.a. through 12.ft. APPROVED 13. CONSENT CALENDAR HEARINGS None. J 14. HEARINGS a. Public Hearing to consider Resolution approving and adopting an adjusted fee for the development and improvement of parks within the City (proposed 3.3% increase based upon Construction Cost Index). RES 067-07 City Clerk McCarthy announced correspondence was received from staff regarding the item. City Clerk McCarthy announced correspondence was received from Iva Fendrick in opposition to approval of the Resolution. Assistant City Manager Stinson made staff comments. Hearing opened at 7:39 p.m. Cassie Daniel, Executive Vice-President of the Home Builders Association of Kern County, spoke in support of the staff recommendation. j Hearing closed at 7:39 p.m. l l l 14. Bakersfield, California, March 28, 2007 - Page 11 HEARINGS continued Item 14.a. continued Motion by Vice-Mayor Hanson to approve the Resolution. b. Public Hearing to consider Resolution adopting fees pursuant to the Cost Recovery System. Assistant City Manager Stinson made staff comments. Hearing opened at 7:42 p.m. Cassie Daniel, Executive Vice-President of the Home Builders Association of Kern County, spoke in support of the staff recommendation. Motion by Vice-Mayor Hanson to adopt the Resolution, excluding the Public Works related Development Fees outlined in the memo received from staff, and refer the excluded fees to the Budget and Finance Committee for further review. 15. REPORTS 16. None. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Couch announced that at the County Board of Supervisor's Meeting yesterday Supervisor Maggard called for an Emergency Transportation Task Force, including two members of the City Council, and indicated to the Vice-Mayor that he would like to serve on that body. Councilmember Couch requested staff respond to a letter from County Planning Director Ted James regarding the Metropolitan Bakersfield General Plan, Western Rosedale Specific Plan Amendment, Environmental Impact Report and traffic issues. 257 ACTION TAKEN APPROVED RES 068-07 APPROVED 258 Bakersfield, California, March 28, 2007 - Page 12 18. MAYOR AND COUNCIL STATEMENTS Councllmember Couch requested staff report on the set-back requirements along '1" Standard Road and the consistency of those requirements with those of the City of Shatter In force on the north side of the road. Public Works Rojas responded and will provide more information at a later date. Councilmember Couch requested staff make every effort to encourage N.O.R. Parks and Recreation District to expedite building parks in Northwest Bakersfield in order to obtain six million dollars in park development fees that have been earmarked for that purpose. Councllmember Carson requested staff provide a written report on the breakdown of park development fees per region/zone. Councilmember Carson made comments regarding the Homeless Center and the fatal accident on Truxtun Avenue the day after Thanksgiving. Councilmember Benham expressed support for rapid action regarding Supervisor Maggard's establishment of a Traffic Task Force. Councilmember Benham requested staff follow up on crosswalk safety near the Homeless Center and suggested April 2f1" for a meeting date regarding the issue; additionally staff to respond to a memo from Mr. Malahowski regarding pedestrian activated buttons on a lighted crosswalk system and provide updated information on that system. Councilmember Sullivan thanked Hall Ambulance for their assistance during her mother's health crisis. Additionally she expressed appreciation for the kindness shown her family at the passing of her mother. Vice-Mayor Hanson congratulated Mayor Hall, John Enriquez and the Keep Bakersfield Beautiful Committee. Vice-Mayor Hanson requested information regarding maintenance of neon signs. Public Works Director Rojas responded. Mayor Hall made remarks regarding tomorrow's opening of the International Terminal at Meadows Field. ACTION TAKEN j j j Bakersfield, California, March 28, 2007 - Page 13 l Motion by Vice-Mayor Hanson to adjourn the meeting to back to Closed Session at 8:00 p.m. 19. Motion by Vice-Mayor Hanson to adjourn from Closed Session at 8:27 p.m. ADJOURNMENT Vice-Mayor Hall adjourned the meeting at 8:31 p.m.. ATTEST: MAYOR of the City of Bakersfield, A ~ /1$&, CITY CLERK and Ex 0 i io Clerk of the Council of the City of akersfield l l 259 ACTION TAKEN