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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JUNE 20, 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 (seated at 5:17 p.m.), Sullivan
(seated at 5:17 p.m.), Scrivner
Absent:
None.
2. PUBLIC STATEMENTS
None.
3.
WORKSHOPS
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None.
CLOSED SESSION
a. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1)(3)(A) of Government Code
Section 54956.9. (Three issues)
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 and DKS Investments, LLC v
City and DOES 1 through 50, inclusive.
Kern County Superior Court Case No. S-
1500-CV-260175-AEW
2. DKS Investments, LLC; John M. Tarabino
and Joseph A. Tarabino; Canyons, LLC;
General Holding, Inc. v City; City Council;
DOES 1 through 50, inclusive. Kern County
Superior Court Case No. S-1500-CV-
259731-LPE
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3.
John M. Tarabino and Joseph A. Tarabino;
DKS Investments, LLC v City KCSC Case
No. S-1500-CV-257620-SPC
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Bakersfield, California, June 20, 2007 - Page 2
ACTION TAKEN
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5: 17 p.m.
APPROVED
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Motion by Councilmember Benham to adjourn from
Closed Session at 6:42 p.m.
APPROVED
RECONVENED MEETING - 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Couch, Weir, Sullivan, Scrivner
Absent:
None.
6. INVOCATION by Reverend Steven J. Hunt, First Assembly
of God Church.
7. PLEDGE OF ALLEGIANCE by Jordan January, 7th Grade
Student at Rosedale Middle School.
Mayor Hall acknowledged a Bakersfield College political
science attendance at the meeting.
8. CLOSED SESSION ACTION J
TWO ISSUES NO
a. Conference with Legal Counsel - Potential REPORTABLE
Litigation; Closed Session pursuant to ACTION, ONE ISSUE
subdivision (b)(1 )(3)(A) of Government Code A TTORNEY GIVEN
Section 54956.9. (Three issues) DIRECTION
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 and DKS Investments, LLC v A TTORNEY GIVEN
City and DOES 1 through 50, inclusive. DIRECTION
Kern County Superior Court Case No. S-
1500-CV-260175-AEW
DKS Investments, LLC; John M. Tarabino A TTORNEY GIVEN
2. DIRECTION
and Joseph A. Tarabino; Canyons, LLC;
General Holding, Inc. v City; City Council;
DOES 1 through 50, inclusive.
Kern County Superior Court Case No. S-
1500-CV-259731-LPE
3. John M. Tarabino and Joseph A. Tarabino; A TTORNEY GIVEN j
DKS Investments, LLC v City KCSC Case DIRECTION
No. S-1500-CV-257620-SPC
Bakersfield, California, June 20, 2007 - Page 3
333
9.
PRESENTATIONS
ACTION TAKEN
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None.
10.
PUBLIC STATEMENTS
a. Kathleen Ramos spoke regarding the McDonald
Sewer Project.
Councilmember Carson stated it was her
understanding that the connection fees had been
frozen and requested the Public Works department
meet with Ms. Ramos regarding the issue.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the May 14, 2007 and June
4, 2007 Budget Meetings and the June 6, 2007
Regular City Council Meeting.
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Payments:
b. Approval of department payments from May 25,
2007 to June 7, 2007 in the amount of
$9,306,474.41 and self-insurance payments from
May 25,2007 to June 7, 2007 in the amount of
$350,626.59.
ABS WEIR
Ordinances:
c.
First Reading of Ordinance amending Chapters
5.48,12.16 and 12.20 of the Municipal Code
regarding video service providers.
FR
d.
First Reading of Ordinance amending Chapter 5.14
of the Municipal Code regarding cabaret permits.
FR
e.
Adoption of Ordinances regarding Redevelopment
Legislation - SB 53 and SB 1809:
1. Downtown Redevelopment Project Area
2. Old Town Kern - Pioneer Redevelopment
Project Area
3. Southeast Bakersfield Redevelopment
Project Area
ORD 4441
ORD 4442
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ORD 4443
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Bakersfield, California, June 20, 2007 - Page 4
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Bakersfield, California, June 20, 2007 - Page 5
335
12.
CONSENT CALENDAR continued
l Agreements:
I.
Tract Maps and Improvement Agreements:
1. Final Map and Improvement Agreements
with Old River Road, LLC for Tract 6359
Phases 1 & 2 located south of Panama Lane
on Old River Road.
2.
Final Map and Improvement Agreements
with Stuart Thomas, Inc. dba Lenox Homes
for Tract 6520 Phase 1 located east of S.
Union Avenue on E. Berkshire Road.
m.
Assignment of Agreement No. 94-131 with Harry
Hackner to John Harmon for ground lease of hangar
space D-4.
Agreement with County of Kern to collect special
assessment and district fees.
n.
o.
Agreement with Griswold, LaSalle, Cobb, Dowd &
Gin, LLP (not to exceed $100,000) to provide legal
services for acquisition of right of way for
construction of Westside Parkway.
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Property Insurance:
1. Joint Powers Agreement with the California
State Association of Counties Excess
Insurance Authority (CSAC EIA).
2. California Public Entity Insurance Authority
Property Program Memorandum of
Understanding.
q. Workers' Compensation Utilization Review and
Nurse Case Management:
p.
1.
Agreement with Professional Dynamics, Inc.
(not to exceed $75,000 annually) to
provide utilization review services for Self-
Insured Workers' Compensation
Program.
Agreement with Comprehensive Care
Systems (not to exceed $50,000 annually) to
provide nurse case management services for
Self-Insured Workers' Compensation
Program.
2.
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ACTION TAKEN
AGR 07-176
AGR 07-177
AGR 07-178
AGR 07-179
AGR 07-180
AGR 07-181
AGR 07-182
AGR 07-183
AGR 07-184
REMOVED FOR
SEPARA TE
CONSIDERA TION
AGR 07-187
AGR 07-188
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Bakersfield, California, June 20, 2007 - Page 6
12. CONSENT CALENDAR continued ACTION TAKEN
r. Environmental Impact Report (EIR) for General Plan J
Amendment/Zone Change No. 02-0193 (Panama
Lane Shopping Center):
1. Amendment No. 1 to Agreement No. 05-118 AGR 05-118(1)
with Michael Brandman and Associates
($475,000) for preparation of the EIR.
2. Appropriate $475,000 (developer's
contribution) to the Development Services
operating budget in the General Fund for the
EI R consultant.
s. Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change No. 02-0300
(Gosford Village):
1. Amendment No. 1 to Agreement No. 05-117 AGR 05-117(1)
with Michael Brandman and Associates
($478,500) for preparation of the EIR.
2. Appropriate $478,500 (developer's
contribution) to the Development Services
operating budget in the General Fund for the J
EI R consultant.
t. Environmental Impact Report (EIR) for General Plan
Amendment/Zone Change No. 06-1052 located at
the southwest corner of Panama Lane and Ashe
Road:
1. Agreement with Maurice J. Etchechury, AGR 07-189
representing the John M. Antongiovani Trust,
Inc. ($186,773) for preparation of the EIR.
2. Agreement with Jones and Stokes AGR 07-190
Associates, Inc. ($139,800) to prepare the
EIR.
3. Appropriate $139,800 (developer's
contribution) to the Development Services
Operating Budget in the General Fund.
u. Cooperative Agreement with the State of California AGR 07-191
Department of Transportation for control of storm
water run-off at the new interchange on State Route
178 at Fairfax Road.
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Bakersfield, California, June 20, 2007 - Page 7 337
12. CONSENT CALENDAR continued ACTION TAKEN
l v. Agreement with Meyer Civil Engineering, Inc. AGR 07-192
7.
($106,640) for the preparation of plans, ABS COUCH
specifications and estimate in accordance with City
requirements for the primary channel elements of
the Mill Creek Project along the Kern Island Canal.
w. Amendment NO.1 to Agreement No. 07-016 with AGR 07-016(1)
County of Kern for County jail booking and
processing services.
x. Senior Housing Project located at 24th and R
Streets:
1. Amendment No. 1 to Agreement No. 06-172 AGR 06-172(1)
with the Housing Authority of the County of
Kern ($500,000; revised total $2,000,000
HOME Investment Partnership funds) to
construct 60 affordable senior apartments.
2. Appropriate $100,000 prior year HOME
Investment Partnership Program Income to
the Economic and Community Development
Operating budget within the HOME
l Investment Partnership Fund.
y. Amendment No. 1 to Agreement No. 06-158 with AGR 06-158(1)
Target Specialty Products ($245,000; revised not
exceed $490,000 and extending term for one (1)
year) for insecticides and herbicides.
z. Amendment NO.1 to Agreement No. 06-179 with AGR 06-179(1)
Kern Turf Supply ($210,000; revised not to exceed
$420,000 and extending the term for one (1) year)
for irrigation parts and supplies.
aa. Amendment NO.3 to Agreement No. 05-065 with AGR 05-065(3)
San Joaquin Fence and Supply ($100,000; revised
not to exceed $600,000) for fencing.
bb. Amendment No. 1 to Agreement No. 06-220 with AGR 06-220(1)
Kern Sprinkler Landscaping, Inc. ($175,000; revised
not to exceed $350,000 and extending term for one
(1) year) for irrigation and landscaping services.
cc. Amendment NO.1 to Agreement No. 06-221 with AGR 06-221(1)
Pestmaster Services, Inc. ($118,300; revised not to
exceed $236,600 and extending term for one (1)
year) for chemical application.
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Bakersfield, California, June 20, 2007 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
dd. Contract Change Order No. 1 to Agreement No. 06- AGR 06-259 CC01 J
259 with Griffith Company ($24,455.56; revised not
to exceed $919,349.56) for the Mountain Vista Drive
At Grade Crossing Project.
Bids:
ee. White Lane at State Route 99 eastbound to
southbound on-ramp reconstruction project:
1. Accept bid and award contract to Griffith AGR 07-193
Company ($1,828,105).
2. Award contract to Lim & Nascimento AGR 07-194
Engineering Corporation ($219,303) for
construction management services.
3. Appropriate $400,000 Transportation
Development Fund balance to the Capital
Improvement Budget within the
Transportation Development Fund to fund
this project.
ff. Pre-Employment Background Investigations for the J
Police Department:
1. Accept proposal and award annual contract AGR 07-195
to B&T Investigations (not to exceed
$80,000).
2. Accept proposal and award annual contract
to US Investigations Services, LLC (not
to exceed $20,000) for investigations of out-
of-state applicants.
gg. Accept bid and award annual contract to Jim Alfter AGR 07-196
Cement Contractor (not to exceed $2,000,000) for
concrete construction.
hh. Accept proposal and award annual contract to KSS AGR 07-197
Systems, Inc. dba Kern Security Patrol (not to
exceed $70,000) for park security services.
ii. Accept bid and award annual contract to Zim AGR 07-198
Industries, Inc. dba Bakersfield Well and Pump
Company (not to exceed $100,000) for maintenance
and repair of Olcese wells.
jj. Accept bid from Flo-Systems, Inc. ($101,244) for j
self cleaning lift station for Fire Station 5.
12.
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Bakersfield, California, June 20, 2007 - Page 9
339
CONSENT CALENDAR continued
Miscellaneous:
kk. Revised job specifications
1. Blue & White Collar Unit - Administrative
Analyst II; Development Assistant;
Development Associate; Fire Plans
Examiner; and, HR Analyst I and II.
2. General Supervisory Unit - Administrative
Analyst III and HR Supervisor.
3. Management Unit - Assistant to the City
Manager; Fleet Superintendent; General
Services Superintendent; Solid Waste
Superintendent; Street Maintenance
Superintendent; and Wastewater Treatment
Superintendent.
2007 Recreation and Parks Master Plan.
II.
Correspondence was received from Clifford &
Bradford Insurance in opposition to approval of item
12.p.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 12.b.
Councilmember Couch announced he would abstain
due to conflict of interest, client within three hundred
feet of the project, on item 12.y.
Motion by Vice-Mayor Hanson to approve Consent
Calendar items 12.a. through item 12./1., with the
removal of item 12.p. for separate consideration.
p. Property Insurance:
1.
Joint Powers Agreement with the California
State Association of Counties Excess
Insurance Authority (CSAC EIA).
California Public Entity Insurance Authority
Property Program Memorandum of
Understanding.
2.
Motion by Councilmember Benham to approve the
Agreements.
ACTION TAKEN
REFERRED TO
COMMUNITY SERVICES
COMMITTEE
APPROVED
AGR 07-185
AGR 07-186
APPROVED
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13.
Bakersfield, California, June 20, 2007 - Page 10
CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution approving the
issuance of California Statewide Communities
Development Authority Insured Revenue Bonds for
National Health Services, Inc. for the purpose of
financing and refinancing the acquisition,
construction, renovation, improvement and
equipping of certain medical and health facilities and
certain other matters relating thereto located at 3409
Calloway Drive #300.
Public Hearing to consider Resolution establishing
Underground Utility District No.2, Division 31
(Sports Village) as required by Resolution of
Intention No. 1537.
b.
c.
Public Hearing for Miramonte Drive-Chase Avenue
Planned Major Thoroughfare Area as required by
Resolution of Intention No. 1536.
1. Resolution adopting the Miramonte Drive-
Chase Avenue Planned Major
Thoroughfare Area and making findings
thereto.
2.
Adoption of Ordinance amending Section
16.32.060 of the Municipal Code relating to
bridge crossings and major thoroughfares.
Acting City Clerk Gafford announced item 13.c.
must be re-noticed and continued to the July 18th
Council meeting.
Hearings opened at 7:43 p.m.
No one spoke.
Hearings 13.a and 13.b. closed at 7:45 p.m.
Motion by Vice-Mayor Hanson to approve
Consent Calendar Hearings 13.a. and 13.b. and
continue item 13.c. to July 18, 2007.
ACTION TAKEN
RES 132-07
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RES 133-07
CONTINUED TO THE
7-18-07 MEETING
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APPROVED
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14.
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Bakersfield, California, June 20, 2007 - Page 11
ACTION TAKEN
HEARINGS
a.
Public Hearing to consider an appeal by Timothy A.
Chandler of Planning Commission approval of
Tentative Parcel Map 11473 located at the
northwest corner of E. Pacheco Road and
Cottonwood Road. (Engineer: Jerry Hendricks)
1.
Resolution upholding the Planning
Commission decision, denying the appeal
and approving Tentative Parcel Map 11473.
Development Services Director Grady made staff
comments.
Hearing opened at 7:50 p.m.
Tim Chandler spoke in opposition to the staff
recommendation.
Jerry Hendricks, Hendricks Engineering, spoke in
support of the staff recommendation.
Tim Chandler spoke in rebuttal opposition to the
staff recommendation.
Jerry Hendricks, Hendricks Engineering, spoke in
rebuttal support of the staff recommendation.
Hearing closed at 8:07 p.m.
City Attorney Gennaro stated for the record, "You are
being asked to approve a parcel map. There are very
narrow legal constraints why a legislative body,
such as the City Council, should not approve a parcel
map. One of those reasons would be that if the parcel
map was inconsistent with your General Plan, which we
have no evidence in front you tonight that the parcel
map is inconsistent. The other would be that if the
site was somehow physica/ly unsuited for the type of
density, and again, there is no evidence in front of
you other than an opinion that that's just not the
way we like it. And the last one would be that if there
were some type of substantial environmental damage
that would occur as a result of your approval of the
parcel map. This parcel map is simply taking a piece of
property and splitting it into two. My guess is,
educated guess, is it's probably being done for
financial reasons. The map on top for the R-1 was
approved a long time ago with the proper
environmental documents and review. So the answer,
the short answer to your question is, yes, I believe that
RES 134-07
Bakersfield, California, June 20, 2007 - Page 12
ACTION TAKEN
342
14.
HEARINGS continued
Item 14.a. continued
we have done everything that lega/ly we need to do to
substantiate your decision tonight."
Motion by Councilmember Carson to adopt the
Resolution.
15. REPORTS
None.
16. DEFERRED BUSINESS
a. Fiscal Year 2007-2008 Budget:
1.
Resolution approving and adopting the City's
Operating and Capital Improvement Budget.
Resolution approving and adopting the
Bakersfield Redevelopment Agency
Operating and Capital Improvement Budget.
Resolution establishing the City's
appropriations limit.
2.
3.
Assistant City Manager Stinson made staff
comments.
Motion by Vice-Mayor Hanson to approve the
Resolutions adopting the City's Operating and Capital
Improvement Budget, Bakersfield Redevelopment
Agency Operating and Capital Improvement Budget
and establishing the City's appropriations limit.
Councilmember Couch announced he will vote to
approve the budget with the exclusion of his approval
for dues for the League of California Cities.
b. Accept bid from Quinn Company ($295,004) for one
(1) hydraulic excavator.
Acting City Clerk Gafford announced
correspondence was received from staff changing
the staff recommendation to reject all bids.
Staff comments by Public Works Director Rojas.
Motion by Vice-Mayor Hanson to approve the staff
recommendation to reject a/l bids.
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APPROVED
RES 135-07
RES 136-07
RES 137-07
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APPROVED
APPROVED
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Bakersfield, California, June 20, 2007 - Page 13
ACTION TAKEN
17.
NEW BUSINESS
None.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested Public Works
coordinate with Police staff to respond to a request
from the Golden Empire Historical and Modeling
Society and provided contact information.
Councilmember Benham requested the Legislation and
Litigation Committee address the issue of a proposed
revision to the Historic Preservation Ordinance.
Councilmember Benham requested the Mayor's office
send a letter to the Mayor and the people of Charleston
South Carolina expressing condolences on the recent
loss of nine firefighters.
Vice-Mayor Hanson requested information regarding the
condition of the Jastro Park pool. City Manager Tandy and
Recreation and Parks Director Hoover responded.
Councilmember Sullivan requested the issue of Jastro
Park pool and it's cost effectiveness be referred to the
Community Services Committee.
Councilmember Sullivan provided an update regarding the
new Home Depot being located in the old Zody's
property.
Councilmember Couch recognized Acting City Clerk
Gafford, who is providing City Hall tours on a weekly basis
for NAPD.
Councilmember Couch requested staff investigate
installing multipurpose bikelwalking paths in lieu of
sidewalks in developing areas.
Councilmember Couch requested Assistant City
Manager contact Mr. Carr.
Councilmember Couch thanked staff for accompanying him
to a community informational meeting regarding the new
forty acre Aera baseball park.
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Bakersfield, California, June 20, 2007 - Page 14
18.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Couch announced the County agreed with
the City's request regarding the responsibility for a gap
project on the north side of 7th Standard Rd. facilitating the
widening of the road and thanked County Administrative
Officer Ron Errea and County Roads Commissioner Craig
Pope for that conclusion, the letter in support of the
decision and provided copies to the Council and media.
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Councilmember Scrivner announced he had received
several thank you calls from citizens regarding Code
Enforcement cleanups.
Mayor Hall made comments regarding the annual Beautiful
Bakersfield Awards and noted the Recreation and Parks
Department had received two awards.
Mayor Hall noted that July is Recreation and Parks month.
Mayor Hall announced that Councilmember Benham's son
Thomas was recognized with a Beautiful Bakersfield
Awards for his fund raising efforts in local high schools to
benefit the Veteran's Memorial.
19. ADJOURNMENT
Vice-Mayor Ha/l adjourned the meeting at 8:46 p.m..
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MAYOR 0 the City of Bakersfield, CA
ATTEST:
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ffl5t., CITY CLERK and Ex io Clerk of
the Council of the City of Bakersfield
S:\Counci~MINUTES\2007\June 20.doc
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