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HomeMy WebLinkAbout04/11/07 CC MINUTES l L l 261 ' 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 262 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 J NO REPORTABLE ACTION J J l L l Bakersfield, California, April 11, 2007 - Page 3 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 264 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 J FR FR J ORD 4426 RES 069-07 J 265 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. l 266 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. J 267 Bakersfield, California, April 11, 2007 - Page 7 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. l 268 Bakersfield, California, April 11 , 2007 - Page 8 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. J l l l Bakersfield, California, April 11, 2007 - Page 9 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. I 269 ACTION TAKEN RES 077-07 APPROVED 270 18. 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 J J J L l l 18. Bakersfield, California, April 11, 2007 - Page 11 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. 211 ACTION TAKEN 272 Bakersfield, California, April 11, 2007 - Page 12 19. ADJOURNMENT Vice-Mayor Hall adJourned the meeting at 7:51 p.m.. ATTEST: ~ f}jS-6~ CITY CLERK and Ex 0 ic 0 Clerk of the Council of the City of akersfield ACTION TAKEN J J J