HomeMy WebLinkAbout04/25/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF APRIL 25, 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 (seated at 5:16
p.m.),
Absent:
Councilmember Scrivner
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).
b. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
1. Canyons, LLC, et al v City Kern County
Superior Court Case No. S-1500-CV-
259731-LPE
2. OKS Investments, LLC, et al v City
Kern County Superior Court Case No. S-
1500-CV-259731-LPE
3. John M. Tarabino, et al v City KCSC Case
No. S-1500-CV-257620-SPC
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Bakersfield, California, April 25, 2007 - Page 2
Motion by Vice-Mayor Hanson to adjourn the
meeting to Closed Session at 5:22 p.m.
Motion by Councilmember Benham to adjourn from
Closed Session at 6:27 p.m.
RECONVENED MEETING - 6:39 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Council members Carson, Couch, Weir,
Sullivan
Absent:
Councilmembers Benham, Scrivner
6. INVOCATION by Rabbi Shmuel Schlanger, Chabad of
Bakersfield
7. PLEDGE OF ALLEGIANCE by Councilmember Weir
8. CLOSED SESSION ACTION
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Section 54957(b)(1).
b. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for the following
cases:
a.
1.
Canyons, LLC, et al v City Kern County
Superior Court Case No. S-1500-CV-
259731-LPE
2.
OKS Investments, LLC, et al v City
Kern County Superior Court Case No. S-
1500-CV-259731-LPE
3.
John M. Tarabino, et al v City KCSC Case
No. S-1500-CV-257620-SPC
Mayor Hall announced the evaluation of the City
Manager has been concluded with an exceptional
outcome. The City Council has approved an increase
In the City Manager's deferred compensation from
$14,373.00 to $20,500.00 per year, an increase of
$6,126.69.
ACTION TAKEN
APPROVED
AB SCRIVNER
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APPROVED
AB SCRIVNER
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NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
NO REPORTABLE
ACTION
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Bakersfield, California, April 25, 2007 - Page 3
9.
PRESENTATIONS
Assistant City Clerk Gafford announced
representatives of Mothers Against Senseless
Killings have been delayed and item 9.b. will be
moved forward.
b.
Presentation by Mayor Hall of Proclamation to Tony
Martinez, Community Relations Specialist, City of
Bakersfield, proclaiming May, 2007, as Graffiti
Awareness Month.
Mr. Martinez accepted the Proclamation and made
comments.
Mayor Hall announced representatives of Mothers
Against Senseless Killings have not yet arrived and
if and when they arrive the Proclamation will be
made if time allows.
Mayor Hall acknowledged students from Ridgeview
High School and Bakersfield College in attendance
at the meeting.
10. PUBLIC STATEMENTS
a.
Lee Williams, LC National Sportsman Foundation,
spoke requesting endorsement and assistance to
show appreciation to veterans and provided written
materials.
b. Oavid Torres spoke regarding train whistles.
c. Kara Cieri, on behalf of the Junior League of
Bakersfield, spoke regarding donations by the
Junior League to the Police and Fire Oepartments
and made presentations to department
representatives.
9. PRESENTATIONS continued
a. Presentation by Mayor Hall of Proclamation to
Mickey Sturdevant and Shirley Harris,
Mothers Against Senseless Killings, proclaiming
May, 2007, as Let No Mother Lose a Child Month.
Ms. Sturdevant accepted the Proclamation and
made comments.
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ACTION TAKEN
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Bakersfield, California, April 25, 2007 - Page 4
11.
APPOINTMENTS
None.
12.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the April 11, 2007 Regular
City Council Meeting.
Payments:
b.
Approval of department payments from March 30,
2007 to April 12, 2007 in the amount of
$12,376,066.87 and self-insurance payments from
March 30, 2007 to April 12, 2007 in the amount of
$126,475.98.
Ordinances:
c.
First Reading of Ordinance adding Section
13.08.080 to the Municipal Code relating to
Redemption Premiums for 1915 Act Bonds and
ratifying Redemption Premiums for such
bonds of Assessment Oistrict No. 06-1.
First Reading of Ordinance amending Municipal
Code Sections 1.12.030 and 1.12.040 by adding
Annexation No. 492 consisting of 80.98 acres
located west of Miramonte Orive, generally south of
State Highway 178 to Ward 3; Annexation No. 482
consisting of 73.17 acres located on Brimhall Road,
west of Jenkins Road and east of Heath Road;
Annexation No. 501 consisting of 89.59 acres
located at the northeast corner of Jewetta Avenue
and Etchart Road; and, Annexation No. 537
consisting of 79.01 acres located north of Snow
Road between Coffee Road and Calloway Road,
south of Etchart Road to Ward 4.
e. Adoption of Ordinance adding Section 17.04.367
(Large Retail Oevelopment definition), 17.04.502
(Retail Establishments definition), and 17.08.140
relating to architectural design standards and criteria
for large retail developments.
d.
ACTION TAKEN
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ABS WEIR
FR
FR
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ORD 4427
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Bakersfield, California, April 25, 2007 - Page 5
12.
CONSENT CALENDAR continued
ACTION TAKEN
ORD 4428
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f.
Adoption 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) 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)
Resolutions:
g. Resolution authorizing the submittal of applications RES 078-07
for all Used Oil Recycling and Household
Hazardous Waste for Fiscal Years 2007/08 through
2011/12.
h. Resolution 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
L Collector.
1. Area 2-34 (Tubac, White SE) RES 079-07
2. Area 3-68 (Berkshire, Reliance SE) RES 080-07
3. Area 4-77 (Auburn, Fairfax NE) RES 081-07
i. Sewer Connection Fee Assessments:
RES 082-07
1. Resolution confirming assessments for
sewer connection fee and authorizing the
collection of assessments by the Kern
County Tax Collector.
2. Agreement with Nunez Family Trust (co- AGR 07-133
trustees Joe M. Nunez and Ida M. Nunez),
137 Dunlap Street, to pay sewer connection
fee in installments and notice of special
assessment lien.
j. Resolution of Intention No. 1444 to add territory, RO/1444
Area 4-52 (19th, Eye West) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
L Report.
,.-
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Bakersfield, California, April 25, 2007 - Page 6
12. CONSENT CALENDAR continued
Agreements:
k. Tract Maps and Improvement Agreements:
1.
Final Map and Improvement Agreements
with Lennar Homes of California, Inc. for
Tract 6333 Unit 2 located at the southeast
corner of E. Panama Lane and S. Union
Avenue.
2.
Final Map and Improvement Agreements
with Regent Land Investment, LLC and K.
Hovnanian @ Rosemary Lantana, LLC for
Tract 6498 Phase 2 located at the
intersection of Panorama Orive and
Masterson Street.
I.
Agreement with T-Mobile USA for replacement and
relocation of the microwave communication system
used by the City, at no cost to the City.
Common Use Agreement with Rosedale Ranch
Improvement Oistrict of the North Kern Water
Storage Oistrict for an irrigation easement within
Vega Meadows located at Renfro and Reina Roads.
m.
n.
Specific Plan Lines for future Grade Separation
Projects along the Burlington Northern Santa
Fe Railway Company (BNSF) Mainline in northwest
Bakersfield:
1.
Agreement with County of Kern and Greater
Bakersfield Separation of Grade Oistrict
($40,000) for the engineering, selection and
adoption of the above mentioned Specific
Plan Lines.
2. Appropriate $40,000 Transportation
Oevelopment Fund Balance to the Public
Works Oepartment's Capital Improvement
Budget to fund this agreement.
ACTION TAKEN
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AGR 07-123
AGR 07-124
AGR 07-125
AGR 07-126
AGR 07-127
AGR 07-128
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AGR 07-129
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Bakersfield, California, April 25, 2007 - Page 7
CONSENT CALENDAR continued
o.
Improvements on Sumner Street at the Burlington
Northern Santa Fe Railway Company (BNSF)
Mainline:
Reimbursement Agreement with BNSF
Railway Company (not to exceed $132,000)
for installation of concrete crossing surface
on Sumner Street at the BNSF mainline.
2. Transfer $132,000 from various budgeted
capital improvement projects within the
Gas Tax Fund to fund this Agreement.
1.
p.
Hosking Avenue Interchange at Highway 99:
1. Agreement with John Giumarra, Jr. and
Terra Investments, Inc. to expedite design
phase of Hosking Avenue Interchange.
2. Agreement with Parsons ($2,849,749.82) for
engineering services for Project Approval
and Environmental Oocuments Plans
(PA&EO) and Specifications and Estimate
(PS&E).
Contract Change Order Nos. 1, 2 & 3 to Agreement
No. 06-303 with Griffith Company ($32,639.95
increase, revised not to exceed $7,793,550.95) for
Brundage Lane Sewer Replacement.
q.
Bids:
Miscellaneous:
r. Formation of a City Council Ad Hoc Committee to
discuss the new train horn rule.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item
12.b.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 12.a. through 12.r., with the removal of
item 12.p. for separate consideration.
ACTION TAKEN
AGR 07-130
REMOVED FOR
SEPARATE
CONSIDERA TION
AGR 06-303CC01
AGR 06-303CC02
AGR 06-303CC03
APPROVED
AB BENHAM,
SCRIVNER
'}I ----
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Bakersfield, California, April 25, 2007 - Page 8
12.
CONSENT CALENDAR continued
p.
Hosking Avenue Interchange at Highway 99:
1. Agreement with John Giumarra, Jr. and
Terra Investments, Inc. to expedite design
phase of Hosking Avenue Interchange.
2.
Agreement with Parsons ($2,849,749.82) for
engineering services for Project Approval
and Environmental Oocuments Plans
(PA&EO) and Specifications and Estimate
(PS&E).
Motion by Councilmember Couch to approve the
Agreements.
13. CONSENT CALENDAR HEARINGS
a. Panama and Union Planned Sewer Area
Resolution adopting the Panama and Union
Planned Sewer Area and making
findings thereto.
2. Adoption of Ordinance amending Section
16.32.060 of the Municipal Code relating to
sewer facilities.
1.
b.
Allen Road II Planned Sewer Area
1.
Resolution adopting the Allen Road II
Planned Sewer Area and making findings
thereto.
2.
Adoption of Ordinance amending Section
16.32.060 of the Municipal Code relating to
sewer facilities.
c.
Public Hearing to consider Resolution establishing
industrial and commercial sewer service user
surcharges for Fiscal Year 2007-08.
Hearings opened at 7:15 p.m.
No one spoke.
Hearings closed at 7:15 p.m.
Motion by Vide-Mayor Hanson to approve Consent
Calendar Hearings 13.a. through 13.c.
ACTION TAKEN
AGR 07-132
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AGR 07-133
APPROVED
AS BENHAM,
SCRIVNER
RES 083-07
ORD 4429
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RES 084-07
ORD 4430
RES 085-07
APPROVED
AB BENHAM,
SCRIVNER
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Bakersfield, California, April 25, 2007 - Page 9
HEARINGS
None.
REPORTS
None.
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Carson noted Pastor Tolliver's fifty years of
service, Pastor Kimbrough's thirty-six years of spiritual
leadership in the community, the passing of retired Fire
Chief Hailey and the passing of Juanita McOonald of
Carson who served the people as a Councilmember,
Assemblymember and U.S. House of Representatives
member.
Councilmember Carson announced there will be a
celebration honoring Pastor Calhoun's twenty-four years of
service.
Councilmember Carson offered condolences to the families
of the two young people murdered this week and thanked
M.A.S.K. for holding a vigil in their honor.
Councilmember Carson requested meetings with EDCD
Director Kunz and Recreation and Parks Director
Hoover.
Councllmember Couch requested the City Clerk
and Mayor's office provide Proclamations honoring
Judge Robert Anspah on his receipt of the Bench and
Bar Award on May ~h. Additionally he requested
Councllmembers attend If possible.
ACTION TAKEN
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Bakersfield, California, April 25, 2007 - Page 10
MAYOR AND COUNCIL STATEMENTS continued
Councllmember Couch announced the LAFCO Board
has voted to televise their meetings; additionally
meeting dates will be changed due to the venue
change. The change will create occasional conflicts
with scheduled City Council meetings. Therefore, on
conflicted days staff to prepare agendas with Hearings
and Closed Session as later items and staff to consider
LAFCO meeting dates when proposing the 2008
Council calendar.
Councllmember Couch thanked Solid Waste staff for
processing senior citizen rebates and provided two
more boxes of mall; additionally he provided emalls
from people who qualified for the rebate and did not
receive letters, and requested their applications be
processed.
Councllmember Couch announced he has expressed
interest in serving on the Emergency Transportation
Funding Task Force. If two members of the
Planning and Development Committee serve on the
body, special noticing will be required to comply with
Brown Act requirements and staff Is to assure noticing
is In compliance.
Councilmember Sullivan made comments regarding
calls from citizens concerning train whistle noise.
Councllmember Sullivan requested staff Investigate
number of dogs being kept In a backyard and provided
Information.
Councilmember Sullivan made comments regarding
memorials for the victims of the Virginia Tech shootings.
Vice-Mayor Hanson requested he be informed if Recreation
and Parks staff is contacted regarding soccer issues in
parks.
Vice-Mayor Hanson made comments regarding alley
maintenance.
Vice-Mayor Hanson requested Finance respond to a
letter from Mr. Hinds.
Vice-Mayor Hanson reiterated the City is willing to work
with the County to improve roads.
ACTION TAKEN
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Bakersfield, California, April 25, 2007 - Page 11
MAYOR AND COUNCIL STATEMENTS continued
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Vice-Mayor Hanson wished City Clerk McCarthy well as
she recovers from her recent surgery.
Vice-Mayor Hanson wished Mayor Hall well as he departs
for Korea on Tuesday.
Mayor Hall made comments regarding the Police
Oepartment Graffiti Suppression Team and encouraged
community efforts to abate graffiti.
19. ADJOURNMENT
Vice-Mayor Hall adjourned the meeting at 7:35 p.m..
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