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HomeMy WebLinkAbout04/25/07 CC MINUTES l l l , 273, j 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 274 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 j APPROVED AB SCRIVNER J NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE ACTION J l l l 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. 275 ; ACTION TAKEN 276 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 J ABS WEIR FR FR j ORD 4427 J Bakersfield, California, April 25, 2007 - Page 5 12. CONSENT CALENDAR continued ACTION TAKEN ORD 4428 l 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. ,.- 277 278 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 j AGR 07-123 AGR 07-124 AGR 07-125 AGR 07-126 AGR 07-127 AGR 07-128 J AGR 07-129 j L l' , l 12. 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 ---- 279 280 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 j AGR 07-133 APPROVED AS BENHAM, SCRIVNER RES 083-07 ORD 4429 J RES 084-07 ORD 4430 RES 085-07 APPROVED AB BENHAM, SCRIVNER j l l l, it ... 14. 15. 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 ~- 281 282 18. 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 j j j 18. Bakersfield, California, April 25, 2007 - Page 11 MAYOR AND COUNCIL STATEMENTS continued L 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.. ATTEST: S:\CounciI\MINUTES\2007\April 25.doc l 283 ACTION TAKEN 284 Bakersfield, California, April 25, 2007 - Page 12 ****THI5 PAGE INTENllIONALLY. LEIFiJl BLANK**** J J J