The URL can be used to link to this page

Home My WebLink About10/10/07 CC MINUTES 425 l BAKERSFIELD CITY COUNCIL MINUTES MEETING OF OCTOBER 10, 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, Scrivner Absent: Sullivan 2. PUBLIC STATEMENTS None. 3. WORKSHOPS a. Workshop by Fire Department on the 130th year Bakersfield Fire Department Celebration. L Fire Chief Fraze made comments and introduced Battalion Chief Greener who made a presentation. Mayor Hall presented a proclamation to Fire Chief Fraze declaring Fire Department Day as October 20, 2007. 4. CLOSED SESSION a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: L" ~.... .. 1. North Kern Water Storage District v Kern Delta Water District, et al (1st Point) - Tulare County Superior Court Case No. 96- 172919; Fifth Appellate District Court Case No. F047706; California Supreme Court Case No. S 150976 City v Kern Delta Water District, et al - KCSC Case No. S-1500-CV-258097-NFT; now known as Ventura County Case No. CIV242067 2. 426 4. Bakersfield, California, October 10, 2007 - Page 2 CLOSED SESSION continued Item 4.8. continued 3. City v City of Shafter (CEQA), et al- KCSC No. S-1500-CV-260277-RJO 4. City v North Kern Water Storage District, et al- KCSC S-1500-CV-260360-AEW; Tulare County Superior Court Case No. 224933 5. City v Oil dale Mutual Water Company - KCSC Case No. S-1500-CV-260384-LPE 6. Victoria Rosales, et al v City, et al - USDC Eastern District Court Case No. CV-05- 237 REC TAG Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:36 p.m. Motion by Vice-Mayor Hanson to adjourn from Closed Session at 6:37 p.m. 5. RECONVENED MEETING - approximately 6:30 p.m. ROLL CALL Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 6. INVOCATION by Pastor Jeff Chandler, First Presbyterian Church 7. PLEDGE OF ALLEGIANCE by Councilmember Weir. Mayor Hall acknowledged students from Bakersfield College Political Science classes and Ridgeview High School Government classes. ACTION TAKEN J APPROVED AS SULLIVAN APPROVED J J ~ ,__,___ ~__--...---._.....-r_.. ._~___ Bakersfield, California, October 10, 2007 - Page 3 427 8. CLOSED SESSION ACTION ACTION TAKEN L a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for the following cases: 1. North Kern Water Storage District v Kern NO REPORTABLE Delta Water District, et al (1st Point) - ACTION Tulare County Superior Court Case No. 96- 172919; Fifth Appellate District Court Case No. F047706; California Supreme Court Case No. S 150976 2. City v Kern Delta Water District, et al - KCSC NO REPORTABLE Case No. S-1500-CV-258097-NFT; now ACTION known as Ventura County Case No. CIV242067 3. City v City of Shafter (CEQA), et al - KCSC NO REPORTABLE No. S-1500-CV-260277-RJO ACTION 4. City v North Kern Water Storage District, et CITY MANAGER GIVEN al- KCSC S-1500-CV-260360-AEW; DIRECTION Tulare County Superior Court Case No. 224933 l 5. City v Oildale Mutual Water Company- NOR REPORTABLE KCSC Case No. S-1500-CV-260384-LPE ACTION 6. Victoria Rosales, et al v City, et al- USDC NO REPORTABLE Eastern District Court Case No. CV-05- ACTION 237 REC TAG 9. PRESENTATIONS a. Presentation by Mayor Hall of Proclamation to Brent Rush, Local Area Manager/Government Relations, Pacific, Gas & Electric Company, proclaiming October, 2007, as Energy Efficiency Awareness Month. Brent Rush accepted the Proclamation and made comments. L,< ~......- . 42B Bakersfield, California, October 10, 2007 - Page 4 9. PRESENTATIONS continued ACTION TAKEN b. Presentation by the Highway 99 Tree Planting Committee. j Patrick Frase, Chairperson, Keep Bakersfield Beautiful Committee, made comments and introduced Tree Planting Committee Members Deanna Hornback, Cal- Trans District 6 Coordinator Adopt a Highway Program, John Enriquez, Keep Bakersfield Beautiful Committee and Keep California Beautiful Committee and Dave Taylor, Keep Bakersfield Beautiful Committee, each of whom made comments. 10. PUBLIC STATEMENTS a. Gurcharan S. Dhillon spoke regarding the parade Ordinance. 11. APPOINTMENTS None. 12. CONSENT CALENDAR Minutes: J a. Approval of minutes of the September 26,2007 Regular City Council Meeting. Payments: b. Approval of department payments from September 14,2007 to September 27,2007 in the amount of $11,511,440.23 and self-insurance payments from September 14, 2007 to September 27, 2007 in the amount of $501,407.43. ABS WEIR FR c. First Reading of Ordinance amending Section 10.76.030 of the Municipal Code relating to parades. J l l L 12. Bakersfield, California, October 10, 2007 - Page 5 429 CONSENT CALENDAR continued d. First Reading of Ordinance amending Section 1.12.040 of the Municipal Code by adding Annexation No. 522 consisting of 60.77 acres located on the west side of EI Toro Viejo Road, east of Calloway Drive, Annexation No. 554 consisting of 66.69 acres located south of Seventh Standard Road, west of the Calloway Canal, north of Snow Road, Annexation No. 563 consisting of 21.83 acres located at the northwest corner of Snow Road and Coffee Road, and Annexation No. 564 consisting of 73.54 acres located north of Snow Road, on the east and west side of Coffee Road to Ward 4. First Reading of Ordinance amending Section 15.74 of the Municipal Code relating to flood damage prevention. Adoption of Ordinance approving a Negative Declaration and amending Title 17 of the Municipal Code (Zone Map No. 104-07) by changing the zoning from R-1 (Single Family Dwelling) to R- 2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) on approximately 20 acres generally located 600 feet north of Paladino Drive and divided by the future alignment of Rivani Drive. (ZC 06-2254) (Applicant: Mcintosh & Associates/ Property Owner: Steven Boneso) e. f. Resolutions: g. Resolution approving acquisition and disclosure agreements and authorizing changes thereto and execution thereof for Assessment District No. 07-2 (Sydney Harbour). Resolution making findings and determination regarding commitment of unexpended Metropolitan Bakersfield Transportation Impact Fees. h. i. Resolution adding Area 2-35 (Stine, White SE) 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. ., ~ . ACTION TAKEN FR FR ORD 4466 RES 217-07 AGR 07-352 RES 218-07 RES 219-07 430 Bakersfield, California, October 10, 2007 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN j. Resolution of Intention No. 1559 to add territory, ROl1559 j Area 1-74 (Calloway, Langley NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. k. Resolution of Intention No. 1560 to add territory, ROl1560 Area 1-75 (Coffee, Snow NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. I. Resolution of Intention No. 1561 to add territory, ROl1561 Area 1-76 (Jewetta, Etchart SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. m. Resolution of Intention No. 1562 to add territory, ROl1562 Area 1-77 (ih Standard, Jewetta SW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. Resolution of Intention No. 1563 to add territory, R011563 n. j Area 2-36 (Mexicali, Schirra NW) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. o. Resolution of Intention No. 1564 to add territory, R011564 Area 3-74 (Wible, Taft Highway SE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. p. Resolution of Intention No. 1565 to add territory, ROl1565 Area 5-40 (S Union, E Panama NE) to the Consolidated Maintenance District and preliminarily adopting, confirming and approving Public Works Director's Report. J lJ :$... . L l 12. 431 Bakersfield, California, October 10, 2007 - Page 7 CONSENT CALENDAR continued q. McDonald Area Sewer Project: 1. Resolution confirming assessments for sewer connection fee including the construction fee and authorizing the collection of assessments by the Kern CountyTax Collector. 2. Agreements to pay sewer connection and construction fee in installments and notice of special assessment lien with: a. David Z. Fudge & Julia D. Fudge - 104 N. McDonald Way Ignacio Guerrero & Amparo Guerrero - 140 Morrison Street Fernando Quintanilla & Gloria Quintanilla - 113 Morrison Street b. c. Agreements: r. Tract Maps and Improvement Agreements: 1. Final Map and Improvement Agreements with Centex Homes for Tract 6426 Phase 1 located east of Morning Drive and south of Paladino Drive near Rivani Drive. s. Final Map and Improvement Agreements with Lennar Homes of California, Inc. for Tract 6462 located east of Wible Road and north of Berkshire Road near Santana Drive. 3. Final Map and Improvement Agreements with International Housing Company and Land Development, LLC for Tract 6642 located east of Morning Drive and south of College Drive near Ireland Street. Agreement with Belton Burdette and Lillian Marie Ashcraft ($24,500) to purchase real property located on south side of Hosking Avenue between Highway 99 and Wible Road to widen Hosking Avenue. Agreement with Beazer Homes Holdings, Corp. (estimated Transportation Impact Fee Credit - $46,612) for street improvements along the frontage of Tentative Tract 6553 located on the southeast corner of Panama Lane and future Mountain Ridge Road. 2. t. ACTION TAKEN RES 220-07 AGR 07-353 AGR 07-354 AGR 07-355 ABS WEIR AGR 07-356 AGR 07-357 AGR 07-358 AGR 07-359 AGR 07-360 AGR 07-361 AGR 07-362 AGR 07-363 AGR 07-364 DEED 6787 AGR 07-365 432 Bakersfield, California, October 10, 2007 - Page 8 12. CONSENT CALENDAR continued u. Agreement with Moore lacofano Goltsman, Inc. (not to exceed $420,040) for architectural and engineering design services for Mesa Marin Sports Complex located on Highway 178, west of Highway 184. Amendment NO.9 to Agreement No. 98-222 with HTE, Inc. ($183,597.72) for service support of licensed software. Contract Change Order No. 1 to Agreement No. 06- 346 with Kern County Construction, Inc. ($14,605) to provide industrial power requirements as per P.G. & E. to the well site CBK-46 located at 8217 Stonecrest Way, near Mountain Ridge Drive and McCutchen Road. v. w. x. Contract Change Order NO.1 to Agreement No. 07- 140 with Maverick Asphalt and Construction ($42,443; revised not to exceed $704,028) for street improvements at the intersection of Panama Lane and Golden Gate Street. Bids: Accept bid and award annual contract to Ennis Paint, Inc. (not to exceed $110,000) for traffic paint for the Public Works Department. Accept bid and award contract to Freeway Electric ($122,500) for traffic signal and lighting system installation on Ashe Road at Harris Road. aa. Accept bid and award contract to Barnett VanDyne Construction, Inc. ($171,460) to relocate City farm irrigation line at Redbank Road. y. z. Miscellaneous: Grant of easement to P.G. & E. to provide electrical service to 210 Sumner Street. cc. Transfer $600,153 from the Recreation and Parks Capital Improvement Project budget within the Park Development Fund (Southwest-Zone 1) to developer contributions for development of Bridle Creek Park located at Midnight Creek Way and White Rock Lane. bb. ACTION TAKEN AGR 07-366 j AGR 98-222(9) AGR 06-346 CC01 AGR 07-140 CC01 AGR 07-367 j AGR 07-368 AGR 07-369 DEED 6788 j 12. CONSENT CALENDAR continued Bakersfield, California, October 10, 2007 - Page 9 433 L dd. Appropriate $26,015 State Grant Revenues (CAL- MMET) to the Police Department Operating Budget within the General Fund toward the cost of surveillance equipment and black mesh ID vests. Legislative and Litigation Committee Report No. 1- 07 regarding sidewalk maintenance. ee. Councllmember Weir announced he would abstain due to conflict of Interest, source of Income, on Items 12.b. and 12.r. Motion by Vice-Mayor Hanson to approve Consent Calendar Items 12.8. through 12.ee. 13. CONSENT CALENDAR HEARINGS a. Public Hearing to consider Resolution adopting the 2006-2027 Regional Transportation Facilities List and Fee Schedule. b. Public Hearing to consider Resolution ordering the vacation of a 20-foot wide alley in Block 195 between H Street and Eye Street and between 21st Street and 22nd Street. Metropolitan Bakersfield Habitat Conservation Plan Mitigation Program Lj !' ... c. 1. Public Hearing to consider resolution authorizing the collection of fines and administrative costs due to violations of Chapter 15.78 of the Bakersfield Municipal Code related to the Metropolitan Bakersfield Habitat Conservation Plan Mitigation Program. 2. First reading of ordinance amending Chapter 15.78 of the Bakersfield Municipal Code relating to mitigation for urban development impacts on endangered species. Hearings opened at 7:07 p.m. No one spoke. L Hearings closed at 7:08 Motion by Vice-Mayor Hanson to approve Consent Calendar Hearings 13.a. through 13.c. ACTION TAKEN APPROVED RES 221-07 RES 222-07 RES 223-07 FR APPROVED 4 3 4.\ 14. HEARINGS Bakersfield, California, October 10, 2007 - Page 10 ACTION TAKEN 15. REPORTS J None. None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Benham acknowledged the 130th anniversary of the Fire Department. Councllmember Benham requested Public Works staff follow up regarding an Issue In an F Street alley. Councllmember Benham requested staff respond to a citizen Inquire regarding cable service. Councllmember Couch requested Public Works staff contact him regarding options, other than crosswalks, for expediting foot-traffic across arterial roadways; and additionally advise which Committee would appropriately address the Issue. 1 ... Council member Carson expressed appreciation for changes in the parade Ordinance. Councilmember Sullivan thanked staff for prompt handling of Council referrals. Vice-Mayor Hanson requested information regarding projected budget shortfall from the State. City Manager Tandy responded. Vice-Mayor Hanson requested staff address a citizen emall regarding speed limits within the City limits and provided contact Information. Vice-Mayor Hanson requested information regarding cost per swimmer at Jastro pool during the past summer session. City Manager Tandy responded. j l~ ~r .. l" : L 18. 435 Bakersfield, California, October 10, 2007 - Page 11 MAYOR AND COUNCIL STATEMENTS ACTION TAKEN Vice-Mayor Hanson requested information regarding pending State legislation mandating recycling/waste conversion minimums for the years 2012-2020, the effect of mandatory recycling on required State minimum percentages, cost of implementing mandatory recycling and means of implementing recycling. Public Works Director Rojas responded. Vice-Mayor Hanson made comments regarding the City's growth and the need to provide premiere amenities for the citizens of Bakersfield. Additionally he made comments regarding the following current City goals: . Provide consistent Police services that support and enhance proactive law enforcement, Including city-wide efforts to reduce gang violence, Illegal drug use, domestic violence and child abuse . Provide consistent Fire and related emergency services throughout Bakersfield . Maintain and Improve the quality of existing surface streets and arterials by continuing to enhance the road resurfacing program, Including increased funding for street maintenance · Implement the Thomas Roads Improvement Program proJects as promptly as possible . Implement the construction of the Westslde Parkway as promptly as possible . Maintain and construct trails for cycling, walking, Jogging and equestrian uses · Continue positive downtown and major mixed- use development proJects, encourage Improvements to our downtown . Pursue development of the Mill Creek ProJect . Encourage housing and mixed-use development proJects . Provide for a logical planned growth and development of the City . Provide for and protect the City's water supply . Encourage the development of affordable housing . Promote the development of older areas within the City . Enhance economic development opportunities . Improve the visual appearance and livability of the City . Promote community pride and Image 436 Bakersfield, California, October 10, 2007 - Page 12 18. MAYOR AND COUNCIL STATEMENTS continued ACTION TAKEN . Provide quality recreational facilities and programs . Construct new recreational and cultural facilities . Provide for the prudent use of fiscal resources J Additionally Vice-Mayor Hanson requested a verbal update at each Council meeting regarding the current status of transportation conditions and needs of Metropolitan Bakersfield and the surrounding area, Including transportation monies available, Ie., Thomas Roads, State and Federal sources. ProJect updates should be Included In the report inclusive of tlme/lnes. This should be a comprehensive and to the point. Additionally he expressed a desire to see the following items/programs established In the City's future: . Performance arts center which would provide a home for the symphony, theater groups and schools (written Information provided to the City Manager) . Update the Convention Center facilities . Multi-purpose stadium Vice-Mayor Hanson requested staff research these opportunities and report findings back to Council and additionally encouraged Council to open-mindedly analyze these potential projects. J Mayor Hall made comments regarding recent visitors from Bakersfield's Sister City, Bucheon City, Republic of Korea. Mayor Hall congratulated Fire Department Battalion Chief Larry Toler on thirty years of service. 19. ADJOURNMENT Mayor Hall adJourned the meeting at 7:26 p.m. I ATTEST: ~ 1/$6 I CITY CLERK and Ex fficio Clerk of the Council of the City of Bakersfield S:\CounciI\MINUTES\2007\October 10.doc J