HomeMy WebLinkAbout11/07/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF NOVEMBER 7, 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, Councilmembers Carson,
Benham, Weir, Couch (seated at 5:21 p.m.),
Sullivan (seated at 5:25 p.m.) Scrivner
Absent:
Councilmember Weir.
Assistant City Clerk Gafford announced Closed
Session 4.a. is being removed from the agenda;
additionally, item 12.g. on the Consent Calendar
should have been located under Hearings and
therefore will be relocated and heard as Hearing
item 14.a.
2.
PUBLIC STATEMENTS
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None.
3. WORKSHOPS
a. Status of transportation projects.
Public Works Director Rojas made a presentation.
Councilmember Benham requested the Powerpolnt
presentation be placed on the City's webs/te.
4. CLOSED SESSION
a. Conference with Labor Negotiator - Bill Avery;
Closed Session pursuant to Government
Code Section 54957.6
b. Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1)
c.
Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for following
cases:
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Bakersfield, California, November 7,2007 - Page 2
4. CLOSED SESSION continued ACTION TAKEN
Item 4.c. continued
1. North Kern Water Storage District v. Kern J
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
2. City v. Kern Delta Water District, et al
KCSC Case No. S-1500-CV-258097-NFT
now known as Ventura County Case No.
CIV242067
3. City v. City of Shafter (CEQA), et al
Kern County Superior Court Case No. S-
1500-CV-260277-RJO
4. City v. North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW Tulare County
Superior Court Case No. 224933
5. City v. Oildale Mutual Water Company
Kern County Superior Court Case No. S- j
1500-CV-260384-LPE
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Motion by Vice-Mayor Hanson to adjourn to Closed APPROVED
Session at 5:28 p.m. AS WEIR
Motion by Councilmember Scrivner to adjourn from APPROVED
Closed Session at 6:27 p.m. AS WEIR
RECONVENED MEETING - approximately 6:32 p.m.
5. ROLL CALL
Present:
Mayor Hall, Council members Carson,
Benham, Weir, Couch, Sullivan, Scrivner
Absent:
Councilmember Weir
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Bakersfield, California, November 7, 2007 - Page 3
5.
ROLL CALL continued
ACTION TAKEN
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a.
Introduction of Student Body Representatives
participating in the 53rd consecutive "Teen City
Government Day".
Paige Tucker, Ridgeview High School, Vance
Elmore, Centennial High School, Corissa Alvarez,
West High School, Frances Bermudez, Golden
Valley High School, Felina Kelly, Bakersfield High
School, Peter William 'Willie" Rivera, Bakersfield
Christian High School, Nina Krauter, East
Bakersfield High School, David Heisler, Foothill
High School, Mallory Moore, Stockdale High School,
Nicci Cauzza, Garces High School, Andrew Cruz,
South High School, Ana Heydari, North High
School, Angelina Roman Highland High School.
Assistant City Clerk Gafford announced due to a
typographical error, item 12.g. on the Consent
Calendar should have been located under Hearings
and therefore will be relocated and heard as
Hearing item 14.a.
6. INVOCATION by Jim Baldwin.
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PLEDGE OF ALLEGIANCE by Baylee Starkey, 7th grade
student at Stockdale Christian.
8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator - Bill Avery;
Closed Session pursuant to Government
Code Section 54957.6
REMOVED
b.
Public Employee Performance Evaluation - City
Attorney; Closed Session pursuant to
Government Code Section 54957(b)(1)
THE EXCEPTIONAL
EVALUA TION OF
THE CITY
A TTORNEY HAS
CONCLUDED
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Bakersfield, California, November 7,2007 - Page 4
ACTION TAKEN
8.
CLOSED SESSION ACTION continued
c.
Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision (a) of
Government Code Section 54956.9 for following
cases:
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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
NO REPORTABLE
ACTION
2.
City v. Kern Delta Water District, et al
KCSC Case No. S-1500-CV-258097-NFT
now known as Ventura County Case No.
CIV242067
NO REPORTABLE
ACTION
3.
City v. City of Shafter (CEQA), et al Kern
County Superior Court Case No. S-1500-CV-
260277-RJO
NO REPORTABLE
ACTION
4.
City v. North Kern Water Storage District, et
al Kern County Superior Court Case No. S-
1500-CV-260360-AEW Tulare County
Superior Court Case No. 224933
STAFF GIVEN
DIRECTION
5.
City v. Oildale Mutual Water Company
Kern County Superior Court Case No. S-
1500-CV-260384-LPE
NO REPORTABLE
ACTION
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9. PRESENTATIONS
a. Presentation by Rhonda Smiley, Assistant to the
City Manager, of department winners of the 2007
Excellence in Action Awards and the Extra Mile
Award in recognition of outstanding service to the
City of Bakersfield.
Robin Bice, City Clerk's Office, Tony DeMarco,
Development Services, Donna Barnes, EDCD,
Richard Ryberg, Finance, Tim Capehart and Garth
Milam, Fire, Dennis Murphy and Della Wilson,
Police, Jose Gutierrez and Ryan Starbuck, Public
Works, Joe Gonzales and Beigher Taylor,
Recreation and Parks and Jason Solf, Water
Resources.
The recipient of the Extra Mile Award for 2007 was
Roy Gonzales.
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Bakersfield, California, November 7, 2007 - Page 5
10.
PUBLIC STATEMENTS
ACTION TAKEN
a.
Karen Ash, Candice Villacana, provided written
material and bags for Council, John Florian, Bob
Norwood, Bob Rutledge, Bea Bunten and Tami
Bunten spoke regarding mandatory recycling.
Councilmember Couch requested Finance Director
Smith contact Ms. Ash and provide information
regarding property taxes.
b. Olivia Franzen and Blain Franzen spoke regarding
Mustang Square zoning.
c. Gordon Nipp, on behalf of the Sierra Club, provided
handouts and issued an invitation to talks by James
Howard Kunsler.
Recess taken from 7:40 p.m. to 7:48 p.m.
11. APPOINTMENTS
None.
12.
CONSENT CALENDAR
Minutes:
a. Approval of minutes of the October 24,2007,
Regular Council Meeting.
Payments:
b. Approval of department payments from October 12,
2007 to October 25, 2007 in the amount of
$8,664,340.35 and self-insurance payments from
October 12, 2007 to October 25, 2007 in the amount
of $176,664.43.
Ordinances:
c.
First Reading of an Ordinance amending Section
17.06.020 (Zone Map No. 142-04) of Title
Seventeen of the Municipal Code by changing the
zoning from R-1/P.U.D. (One-Family
Dwelling/Planned Unit Development) to R-2 (Limited
Multiple-Family Dwelling) on two parcels totaling
106.08 acres, located at the northwest corner of
Ashe Road and Engle Road for purposes of single
family residential development (ZC # 07-1370).
FR
456
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Bakersfield, California, November 7, 2007 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
d.
FR
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First Reading of an Ordinance amending Section
17.06.020 (Zone Map No. 142-03) of Title
Seventeen of the Municipal Code by changing
the zoning from R-1/P.U.D. (One-Family
Dwelling/Planned Unit Development) to R-2
(Limited Multiple-Family Dwelling) on two parcels
totaling 75.70 acres, located at the northwest
corner of Romero Road and Mountain Ridge
Drive for purposes of single family residential
development (ZC # 07-1371).
e.
First Reading of an Ordinance approving a Negative
Declaration and amending Section 17.06.020 (Zone
Map NO.1 04-20) of Title Seventeen of the Municipal
Code by changing the zoning from R-S-2.5A to R-1-
CH on 7.76 acres generally located at the northwest
corner of future Vineland Road and State Route 184
(Kern Canyon Road)(ZC # 07 -0691)
FR
f.
FR
First Reading of an Ordinance amending Section
17.06.020 (Zone Map No. 103-31) of Title
Seventeen of the Municipal Code by changing the
zoning from R-3 (Multiple-Family Dwelling - 1,250
sq ft/dwelling unit) to C-2 (Regional Commercial) on
4,600 square feet generally located on the east
side of Chester Avenue, south of 2nd Street for
purposes of commercial development. (ZC #07-
1114)
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g.
First Reading of Ordinance amending Section
10.08.020 of the Bakersfield Municipal Code
regarding the Central Traffic District.
RELOCA TED
TO HEARINGS
h.
Building and Constructions Code, specifically the
California Building Code, Mechanical
Code, Plumbing Code, Electrical Code, existing
Building Code and Historical Building Code:
1. Adoption of Ordinance deleting Sections
15.12, 15.16, 15.28, 15.32 and 15.48 of
the Municipal Code.
ORD 4471
2.
Adoption of Ordinance amending Sections
15.04 and adding Sections 15.05, 15.07,
15.09, 15.11, 15.13 and 15.15 of the
Municipal Code.
ORD 4472
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Bakersfield, California, November 7,2007 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
l i. California Fire Code:
1. Adoption of Ordinance deleting Section ORD 4473
15.64 of the Municipal Code.
2. Adoption of Ordinance adding Section 15.65 ORD 4474
of the Municipal Code.
Resolutions:
j. Resolution setting the dates of regular City Council RES 242-07
meetings, Budget Hearings, and Department
Presentations for January through December 2008.
k. Resolution dedicating public right-of-way for a RES 243-07
portion of Red Leaf Way located west of
Rivani Drive.
I. Resolution of support for Bakersfield Association for RES 244-07
Retarded Citizens (BARC) to apply for a California
Department of Conservation (DOC) Beverage
Container Market Development Grant request.
m. Resolution adding territory, Area 3-75 (Buena Vista, RES 245-07
l Taft Highway NE), to the Consolidated
Maintenance District and confirming the
assessments, approving the Public Works Director's
Report and authorizing collection of assessments by
Kern County Tax Collector.
n. Resolution of Intention No. 1568 adding territory, R011568
Area 1-78 (Brimhall, Calloway NW #2) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
o. Resolution of Intention No. 1569 adding territory, ROl1569
Area 5-41 (S. Union, Planz SW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
p. Resolution of Intention No. 1570 to order the ROl1570
vacation of a 20-foot Alley in Block 47 at the
southeast corner of Stockton Street and Monterey
Street.
l q. Resolution of Intention No. 1572 to order the ROl1572
vacation of a 20-foot wide Storm Drain Easement at
Highway 178.
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Bakersfield, California, November 7,2007 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
Agreements: j
Cooperative Agreement with the State of California AGR 07-382
r.
Department of Transportation to construct a new
interchange on State Route 178 at Morning Drive
and extend State Route 178 as a four-lane freeway
for 1.5 miles. (TRIP)
s. Contract Change Order No.3 to Agreement No. 06- AGR 06-346 CC03
346 with Kern County Construction, Inc.
($20,937.00, revised total not to exceed
$432,853.00) for removal and disposal of
miscellaneous debris and installation of site
improvements for water well site CBK-46 located
at 8217 Stonecrest Way in the vicinity of Mountain
Ridge Drive and McCutchen Road.1
t. Agreement with Bakersfield Rescue Mission AGR 07-383
($61,880) of Emergency Shelter Grant (ESG)
funds to support the operating costs necessary to
continue services at the Bakersfield Rescue
Mission, 830 Beale Avenue.
Bids:
u. Accept bid to award contract to Loop Electric AGR 07-384 J
($111,592.62) for the Traffic Signal and
Lighting System Installation at F Street and 26th
Street.
v. Accept bid to award contract to Graham Prewett, AGR 07-385
Inc. ($48,000.00) for roof replacement for a section
of the Convention Center.
Accept bid to award contract to Graham Prewett,
Inc. ($50,360.00) for roof replacement of city owned
airplane hangar at the Bakersfield Municipal Airport.
x. Traffic Signal and Lighting System Installation on
White Lane at Lily Drive:
w.
AGR 07-386
1.
Accept bid to award contract to Loop Electric
($112,449.31) for the project.
AGR 07-387
2.
Appropriate $25,000 Transportation
Development Fund balance to the Public
Works Department's Capital Improvement
Budget.
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Bakersfield, California, November 7,2007 - Page 9
CONSENT CALENDAR continued
ACTION TAKEN
y.
Traffic Signal and Lighting System Installation on
Auburn Street at La Costa Street:
Accept bid to award contract to Loop Electric
($123,931.20) for the project.
2. Appropriate $30,000 Transportation
Development Fund balance to the Public
Works Department's Capital Improvement
Budget.
AGR 07-388
1.
z. Purchase one (1) aerial ladder fire truck and three
(3) fire pumper engines:
1. Extend bid with South Coast Fire Equipment
Company ($766,412.37) for the replacement
of one (1) fire aerial ladder truck;
replacement of two (2) fire pumper
engines and the purchase of one (1)
additional fire pumper engine for future Fire
Station #14 (each pumper engine is
$464,732.43,) (Total of bid $2,160,609.66)
2.
Appropriate and transfer $352,340 Self
Insurance Fund balance to the Equipment
Management Fund toward replacement of
the damaged aerial ladder truck and
replacement of the damaged pumper engine.
3. Appropriate $878,820 Equipment
Management Fund balance toward
replacement of the damaged aerial ladder
truck and damaged pumper engine.
aa. Accept bid from Broadway Ford, Oakland
($54,285.50) for two (2) replacement 17,000 GVW
cab and chassis for the Public Works Department
Streets Division.
bb. Accept bid from Jim Burke Ford, Bakersfield
($319,858.52) for fifteen (15) replacement and
six (6) additional full-size 6,400 GVW pickup trucks.
cc.
Accept bids from Jim Burke Ford, Bakersfield
($102,907.75) and Broadway Ford, Oakland
($13,010.24) for seven (7) replacement and two (2)
additional mid-size pickup trucks. (Total of bids
$115,917.99)
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Bakersfield, California, November 7,2007 - Page 10
CONSENT CALENDAR continued
dd.
ACTION TAKEN
Accept bid from Lake Chevrolet ($107,757.22) for
five (5) replacement mid-size sedans and one (1)
additional mid-size sedan (various departments).
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ee. Reject all bids for the 1715 Chester Avenue roof
replacement project.
ff.
Miscellaneous:
Adoption of City Council goals.
Grant of easement to PG&E to extend electrical
service across the Kern River at the Allen Road
Bridge.
hh. Appropriate $5,212,159 Proposition 1 B, State
Transportation Grant Revenue to the Public Works
Department's Capital Improvement Budget within
the Transportation Development Fund for the Allen
Road Bridge at Kern River Project.
ii. Acceptance of 2005-06 Transportation Development
Act Funds financial statements.
gg.
jj.
DEED 6798
Appropriate $3,800.00 K.N.E.T. Asset Forfeiture
Revenues to the Police Department Operating
Budget within the General Fund toward the cost of
equipment for the K.N.E.T. unit of the Bakersfield
Police Department.
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Motion by Councilmember Hanson to approve Consent
Calendar items 12.a. through 12.jj. with the removal of
items 12.z. and 12.ft. for separate consideration, and
the relocation of item 12.g. to Hearings, item 14.a.
APPROVED
AB WEIR
z. Purchase one (1) aerial ladder fire truck and three
(3) fire pumper engines:
1. Extend bid with South Coast Fire Equipment
Company ($766,412.37) for the replacement
of one (1) fire aerial ladder truck;
replacement of two (2) fire pumper
engines and the purchase of one (1)
additional fire pumper engine for future Fire
Station #14 (each pumper engine is
$464,732.43,) (Total of bid $2,160,609.66)
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Bakersfield, California, November 7,2007 - Page 11
CONSENT CALENDAR continued
Item 12.z. continued
ACTION TAKEN
2. Appropriate and transfer $352,340 Self
Insurance Fund balance to the Equipment
Management Fund toward replacement of
the damaged aerial ladder truck and
replacement of the damaged pumper engine.
3. Appropriate $878,820 Equipment
Management Fund balance toward
replacement of the damaged aerial ladder
truck and damaged pumper engine.
Motion by Vice Mayor Hanson to approve the purchase
of the equipment and appropriation of funds.
APPROVED
AB WEIR
ff. Adoption of City Council goals.
Councilmember Couch requested next year staff
explore Implementing target dates for accomplishing
Council goals.
Motion by Councilmember Couch to adopt the
proposed Council goals.
APPROVED
AB WEIR
CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a.
First Reading of Ordinance amending Section
10.08.020 of the Bakersfield Municipal Code
regarding the Central Traffic District.
FR
EDCD Director Kunz made staff comments.
Hearing opened at 7:58 p.m.
No one spoke.
Hearing closed at 7:58 p.m.
Motion by Councllmember Benham to give the
Ordinance First Reading.
APPROVED
AB WEIR
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15.
REPORTS
Bakersfield, California, November 7,2007 - Page 12
ACTION TAKEN
a.
Resolution approving the application for a
$1,500,000 California Department of Conservation
recycling grant and adoption of a plan to implement
universal curbside recycling.
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Public Works Director Rojas made a presentation
and Solid Waste Director Barnes made comments.
Motion by Vice-Mayor Hanson to deny approval of the
Resolution.
APPROVED
AB WEIR
16. DEFERRED BUSINESS
None.
17. NEW BUSINESS
None.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested the Budget and
Finance Committee address an Issue regarding
Interdepartmental cooperation in order to efficiently
maximize utilization of personnel; staff contact to
contact her for information.
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Councllmember Benham requested the staff Increase
recycling efforts in City Hall and all other City
departments, particularly Recreation and Parks.
Councllmember Benham directed staff give priority to
addressing train whistle noise and urgently take steps
to hasten the process of creating quiet zones.
Councilmember Couch requested staff contact him to
obtain referral information.
Councilmember Sullivan requested staff review
installing a four-way stop at the intersection of
Beechwood and Starwood.
Councilmember Sullivan requested staff investigate the
feasibility of requiring owners of foreclosed properties
to maintain landscaping of those properties.
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Bakersfield, California, November 7, 2007 - Page 13
18.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
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Vice-Mayor Hanson congratulated Recreation and Parks
Director Hoover on being presented an award from the
National Parks and Recreation Association.
Vice-Mayor Hanson requested staff investigate
notifying surrounding neighborhoods when
fireworks private displays are planned.
Vice-Mayor Hanson noted the Mayor is leaving on a trip to
India for the purpose of establishing a Sister City
relationship in that country and wished him well.
Mayor Hall made comments regarding the evening's
employee awards and complimented the City's department
heads on leadership.
19.
ADJOURNMENT
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ATTEST:
~
;l6St- CITY CLERK and Ex icio Clerk of
I the Council of the City f akersfield
S:\CounciI\MINUTES\2007\October 10.doc
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Bakersfield, California, November 7,2007 - Page 14
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