HomeMy WebLinkAbout03/28/07 CC MINUTES
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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
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None.
4.
CLOSED SESSION
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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.
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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.
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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.
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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
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Bakersfield, California, March 28, 2007 - Page 3
8.
CLOSED SESSION ACTION continued
Item 8.a. continued
ACTION TAKEN
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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.
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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.
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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.
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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
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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)
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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
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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:
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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
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RES 064-07
RES 065-07
RES 066-07
RO/1521
RO/1525
RO/1526
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RO/1471
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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.
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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.
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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.
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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.
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ACTION TAKEN
AGR 07-097
DEED 6655
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AGR 07-098
AGR 07-099
DEED 6656
ASS COUCH
ASS COUCH
AGR 07-100
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AGR 07-101
AGR 07-102
AGR 07-103
AGR 07-104
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Bakersfield, California, March 28, 2007 - Page 10
12.
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
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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.
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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.
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Hearing closed at 7:39 p.m.
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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.
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ACTION TAKEN
APPROVED
RES 068-07
APPROVED
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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
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Bakersfield, California, March 28, 2007 - Page 13
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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
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/1$&, CITY CLERK and Ex 0 i io Clerk of
the Council of the City of akersfield
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ACTION TAKEN