HomeMy WebLinkAbout04/11/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 11, 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.
Assistant City Clerk Gafford announced item 12.s.
has been removed from the agenda at the request
of staff.
2.
PUBLIC STATEMENTS
None.
3.
WORKSHOPS
None.
4. CLOSED SESSION
a. Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)( 1).
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 6:43 p.m.
APPROVED
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Bakersfield, California, April 11 , 2007 - Page 2
RECONVENED MEETING - 6:45:00 p.m.
5.
ROLL CALL
Present: Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Scrivner
Absent: None.
Assistant City Clerk Gafford announced item 12.s.
has been removed from the agenda at the request
of staff.
6. INVOCATION by Pastor Tyree Toliver, Jr., St. John Baptist
Church.
7. PLEDGE OF ALLEGIANCE by Elias Salas, 4th Grade Student
at Horace Mann School.
Mayor Hall acknowledged a Bakersfield College
political science class in attendance at the meeting.
8. CLOSED SESSION ACTION
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
9. PRESENTATIONS
a.
a. Presentation by Mayor Hall of Proclamation to Lupe
Perez, Victim/Witness Probation Supervisor, Kern
County Probation Department, proclaiming
April 22 - 28,2007, as National Crime Victims
Week.
Ms. Perez accepted the Proclamation, introduced
the Kern County Probation Department's Victim
Witness Unit staff members Ramon Jaquez Jr.,
Angela Esquibel and Jennifer Warmedan,
submitted written material and made comments.
b. Presentation by Mayor Hall of Proclamation to
Barbara Norcross, Golden Empire Association
of REALTORS, and Patricia Richter, City Economic
& Community Development Department,
proclaiming April, 2007 as Fair Housing Month.
Ms. Norcross accepted the Proclamation and made
comments.
ACTION TAKEN
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NO REPORTABLE
ACTION
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10.
PUBLIC STATEMENTS
a.
Dean Gardner, who provided handouts, Ruth
Gardner, Ben Dominguez, Nora
Dominguez and Don Clark, on behalf of the
Executive Director of the Bakersfield Rescue
Mission, Dan Gorman, 40 staff members at the
Mission and the 300 guests at the Mission, spoke
regarding creation of a Quiet Zone, or Partial Quiet
Zone, near railroad crossings in the East
Bakersfield/Downtown area.
Councilmember Benham requested the following:
. Staff to reinitiate discussions with Mr. Haygood
and include community members in the dialogue
. Form an Ad Hoc Committee to address the Issue
. Follow up with her after the meeting regarding
formation of the Ad Hoc
. Assure contact information for speakers is
retained
. Requested citizens who spoke act as a conduit
to concerned citizens Including the Manager of
the Holiday Inn Select
. City Attorney to provide a brief summary update
of the study being performed (City Attorney
Gennaro responded.)
. Staff to enlist the aid of RCL In addressing the
most heavily impacted area in East Bakersfield
. Staff to provide a link on the City webslte
regarding the Issue
11.
APPOINTMENTS
a. Two appointments to the Bakersfield
Redevelopment Agency due to the expiration of
terms of Frederick Prince and Larry Koman, terms
expiring April 22, 2007.
Motion by Vice-Mayor Hanson to reappoint Frederick
Prince and Larry Koman to four year terms expiring
April 22, 2011, on the Bakersfield Redevelopment
Agency.
12. CONSENT CALENDAR
Minutes:
a.
Approval of minutes of the March 19, 2007 Joint
City/County Meeting and the March 28, 2007
Regular City Council Meeting.
2~3
ACTION TAKEN
APPROVED
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Bakersfield, California, April 11 , 2007 - Page 4
12.
CONSENT CALENDAR continued
Payments:
b. Approval of department payments from March 16,
2007 to March 29, 2007 in the amount of
$10,330,482.51 and self-insurance payments from
March 16, 2007 to March 29, 2007 in the amount of
$196,471.74.
Ordinances:
c.
First Reading of Ordinance adding Section
17.04.367 (Large Retail Development definition),
17.04.502 (Retail Establishments definition), and
17.08.140 relating to architectural design
standards and criteria for large retail developments.
d.
First Reading of Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map No. 104-18) of the Municipal Code by changing
the zoning from R-1 (One Family Dwelling) to R-
1/PUD (One Family Dwelling/Planned Unit
Development) zone on 29.07 acres located at the
southwest intersection of City Hills Drive and
Vineland Road (future). (ZC 06-1829) (Applicant:
Mcintosh and Associates/Property Owner: Mountain
View Bravo, LLC and S&J Alfalfa)
e.
Adoption 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.
Resolutions:
f.
Resolution authorizing the filing of an application
with Kern Council of Governments for allocation of
Transportation Development Act funds for Fiscal
Year 2007-08 ($141,392) to be utilized for
maintenance of Bakersfield Amtrak Station during
said fiscal year.
ACTION TAKEN
ABS WEIR
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FR
FR
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ORD 4426
RES 069-07
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Bakersfield, California, April 11 , 2007 - Page 5
12. CONSENT CALENDAR continued ACTION TAKEN
l g. Resolution supporting State Assembly Bill 104 RES 070-07
(Solario) concerning access to criminal
records.
h. Resolution supporting Senate Bill 456 (Feinstein) RES 071-07
concerning gang abatement and prevention.
i. Resolution supporting the Kern Council of RES 072-07
Governments Program of Projects recommended
for the State Transportation Improvement Program
(STIP) Augmentation Program.
j. Resolution approving the application for grant funds RES 073-07
($150,000) for Land and Water Conservation Fund ABS COUCH
for Reforestation in Central Park as an element of
the Mill Creek Linear Park Project.
k. 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. Area 4-75 (Miramonte, 178 NE) RES 074-07
l 2. Area 4-76 (Morning, Mandarin N) RES 075-07
3. Area 5-35 (Planz, Coy S) RES 076-07
I. Resolution of Intention No. 1528 to add territory, ROl1528
Area 2-34 (Tubac, White SE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Resolution of Intention No. 1529 to add territory, ROl1529
m.
Area 3-68 (Berkshire, Reliance SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
n. Resolution of Intention No. 1530 to add territory, ROl1530
Area 4-77 (Auburn, Fairfax NE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
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Bakersfield, California, April 11, 2007 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
Agreements: i
o. Tract Maps and Improvement Agreements: .....
1. Final Map and Improvement Agreements AGR 07-111
with Rio Bravo Heights, LLC for Tract 5516 AGR 07-112
Phases 3 thru 6 located at the southeast AGR 07-113
corner of Vista Grande Drive and De La AGR 07-114
Guerra Terrace.
2. Final Map with Lakshmana O. Arasu and
Susila Arasu for Tract 6254 located north
off Brimhall Road and east of Jewetta Road.
3. Final Map with Beazer Homes Holding Corp. AGR 07-115
for Tract 6553 Phase 1 located at the AGR 07-116
northeast intersection of Berkshire Road and
Mountain Ridge Drive.
4. Final Map with Stuart Thomas Inc., dba AGR 07-117
AGR 07-118
Lenox Homes, for Tract 6611 located north
off E. Berkshire Road and east of S. Union
Avenue.
AGR 07-119
p. Assignment of Agreement No. 04-142 with Bob
Hooper to Clinton Bridges for ground lease J
of Hangar Space B-10 at the Bakersfield Municipal
Airport.
q. Relocation of East Niles Community Services
District Waterline:
1. Reimbursement Agreement with East Niles AGR 07-120
Community Services District ($550,000)
for cost of utility relocation for State Route
178 interchange project at Fairfax Road.
2. Appropriate $550,000 other agency share to
the Public Works Department Capital
Improvement Budget within the Thomas
Roads Improvement Program Fund.
Agreement with Arvin-Edison Water Storage District AGR 07-121
r.
for a license to encroach on right of way for the
Colony Street Bridge.
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12. CONSENT CALENDAR continued ACTION TAKEN
l s. Hosking Avenue Interchange at Highway 99: REMOVED
1. Agreement with John Giumarra, Jr. and
Terra Investments, Inc. to expedite design
phase of Hosking Avenue Interchange.
2. Design Consultant Agreement with Parsons
($2,849,749.82) for engineering services
for Project Approval and Environmental
Documents Plans (PA&ED) and
Specifications and Estimate (PS&E).
t. Amendment No. 1 to Agreement No. 04-236 with AGR 04-236(1)
Borton, Petrini & Conron, LLP ($75,000; total not to
exceed $150,000) for legal services for the
acquisition of offsite real property interest
(Masterson Street alignment).
u. Amendment No. 1 to Agreement No. 06-368 AGR 06-368(1)
(formerly known as Agreement No. CA06-014) ABS WEIR
with Clifford & Brown for outside legal services in
the matter of John M. Tarabino, et ai, KCSC Case
No. S-1500-CV-257620-SPC, adding the matter of
Canyons, LLC, et al v City, S-1500-CV-260175-
l AEW.
v. Amendment No. 1 to Agreement No. 06-102 with AGR 06-102(1)
Safeway Sign Company ($65,000; revised not to
exceed $130,000 and extending the term for one(1)
year) for traffic signs.
w. Subdivision Plan Checking Services:
1. Amendment NO.2 to Agreement No. 06-019 AGR 06-019(2)
with Willdan ($300,000; total not to
exceed $480,000) to provide plan checking
services.
2. Appropriate $300,000 additional plan check
and construction inspection revenue to
the Public Works Department Operating
Budget within the Development Services
Fund.
x. Contract Change Order NO.1 to Agreement No. 06- AGR 06-260 CC01
260 with Griffith Company ($36,364.89 increase;
revised not to exceed $1,617,945.89) for Akers
Road At Grade Rail Crossing.
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12. CONSENT CALENDAR continued ACTION TAKEN
y. Contract Change Order Nos. 13, 14, 15, 16, 17 and AGR 06-028 J
18 to Agreement No. 06-028 with Granite CC013
Construction Company ($24,448.86; revised not to CC014
CC015
exceed $6,477,921.86) for the North Chester CC016
Avenue Bridge over the Kern River Replacement CC017
Project. CC018
Bids:
z. Accept bid and award contract to Loop Electric AGR 07-122
($269,471.81) for traffic signal and lighting system
installation at the intersections of Columbus Street
at University Avenue, and Columbus Street at
Wenatchee Avenue.
aa. Accept bid from Haaker Equipment Company
($300,156.29) for one (1) additional Jet Rodder
Combo Truck.
Miscellaneous:
bb. Appropriate $1,000,000 Additional Water Revenue
within the Agricultural Water Fund for early
repayment of one half (50%) of the inter-fund loan
made from the Sewer Fund for emergency canal j
repairs.
cc. Potential removal and/or acceptance of resignation
from Fire Civil Service Commissioner Stuart Gentry.
Councilmember Weir announced he would abstain due
to conflicts of Interest, source of Income, on item
12.b. and potential conflict of Interest on item 12.u.
Councilmember Couch announced he would abstain
due to conflict of Interest, client owns property within
300 feet of the proJect, on item 12.j.
Motion by Vice-Mayor Hanson to approve Consent APPROVED
Calendar items 12.a. through 12.cc.. with the removal of
item 12.s.
13. CONSENT CALENDAR HEARINGS
None.
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14.
HEARINGS
a.
Public Hearing to consider Resolution establishing
Agricultural Preserve No. 1 located at the southwest
corner of Taft Highway and Wible Road, and
adopting rules governing the administration thereof.
Development Services Director Grady made staff
comments.
Hearing opened at 7:29 p.m.
No one spoke.
Hearing closed at 7:30 p.m.
Motion by Councilmember Scrivner to adopt the
Resolution.
15. REPORTS
17.
None.
16. DEFERRED BUSINESS
None.
NEW BUSINESS
18. MAYOR AND COUNCIL STATEMENTS
None.
Councilmember Benham requested staff address a
citizen's concerns regarding security at the Union
Pacific Freight Yard and provided contact Information.
Councllmember Benham requested Police staff
respond to questions regarding an incident at the
intersection of Baker and Bernard.
Councilmember Benham announced the next meeting
at the Bakersfield Homeless Center concerning
pedestrian safety will be held April 2t1h at 1:00 p.m. and
requested staff assure concerned parties are notified
including staff and residents of the Center, Roy
Malahowski of Greater Bakersfield Legal Assistance
and the press.
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ACTION TAKEN
RES 077-07
APPROVED
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Bakersfield, California, April 11 , 2007 - Page 10
MAYOR AND COUNCIL STATEMENTS continued
Councllmember Benham requested Parks and
Recreation staff Investigate avenues to encourage
citizens to clean up after themselves in parks including
providing extra trash receptacles and temporary signs
during holiday periods.
Councilmember Carson reiterated her request for a
breakdown of park fees by zone along with balances
for the zones.
Councilmember Carson requested Public Works staff
review the feasibility of providing central dump sites
and large dumpsters in an effort to alleviate Illegal
dumping.
Councilmember Carson announced the 50th anniversary of
Dr. Toliver's service at St. John's Baptist Church and
invited the community to attend the celebratory services.
Councilmember Sullivan requested staff provide
information regarding a time frame for the second
phase of street construction in the area of Edmonton
Ct.
Councilmember Sullivan made comments regarding
littering, provided information to Chief Rector
regarding a littering Incident she witnessed and asked
that police follow up.
Councllmember Couch requested the Legislation and
Litigation Committee review marketing of the benefits
of Joining the City; commissioning studies by impartial
entities such as Cal State and/or Joint City/County
committee to arm City staff with facts, including
analysis of duplication of services resulting in wasted
tax dollars.
Councilmember Couch requested staff address storm
drain issues In the Rlverlakes area and provided
photographs and contact information.
Council member Couch provided staff LAFCO protest
letters.
Councilmember Couch requested staff prepare a
certificate for an Eagle Scout and provided
Information.
Council member Couch made comments regarding the
invitation extended from Buschon City. Mayor Hall stated
acknowledgement of the invitation has been made.
ACTION TAKEN
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MAYOR AND COUNCIL STATEMENTS continued
Councilmember Couch provided a letter from an individual
wishing to be placed on the bid list for investigative
services.
Councllmember Couch requested an increased police
presence at the Park at Riverwalk during warm weather
periods.
Councilmember Couch requested the Legislation and
Litigation Committee review the feasibility of banning
plastic retail bags in the City.
Council member Scrivner thanked staff for handling his
referrals.
Councilmember Scrivner thanked City Manager Tandy and
staff for preparing the Roads Proposal.
Council member Scrivner made comments regarding the
Mayor's Youth Advisory Council and complimented the
Mayor and Assistant Police Chief Brian Lynn for their work
with the group.
Vice-Mayor Hanson recognized EDCD Director Kunz for
her efforts to provide additional affordable housing in the
City.
Vice-Mayor Hanson made comments regarding
highway planning and requested the City Manager's
Roads Proposal be turned over to the Planning and
Development Committee for review and possible
implementation.
Mayor Hall complimented the new Public Works Director's
Newsletter and Finance Director Smith presentation to the
media of tax income information.
Mayor Hall made comments regarding speaking to the
Grand Jury and a suggestion made that the name of the
"Transient Occupancy Tax" be changed to "Travelers Tax".
Mayor Hall made comments regarding litter and the Great
American Clean-up that will be taking place at the end of
April.
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ACTION TAKEN
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Bakersfield, California, April 11, 2007 - Page 12
19. ADJOURNMENT
Vice-Mayor Hall adJourned the meeting at 7:51 p.m..
ATTEST:
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f}jS-6~ CITY CLERK and Ex 0 ic 0 Clerk of
the Council of the City of akersfield
ACTION TAKEN
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