HomeMy WebLinkAbout12/12/07 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF DECEMBER 12,2007
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, Hanson, Sullivan (seated at
5:17 p.m.) Scrivner
Absent:
Councilmember Couch
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
None.
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4.
CLOSED SESSION
a. Conference with Labor Negotiator - Bill Avery;
Closed Session pursuant to Government
Code Section 54957.6
b. Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9 (One issue)
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5.18 p.m.
APPROVED
AS COUCH
Motion by Councilmember Benham to adjourn from
Closed Session at 6:20 p.m.
APPROVED
AS COUCH
RECONVENED MEETING - approximately 6:34 p.m.
5. ROLL CALL
Present:
Mayor Hall, Councilmembers Carson,
Benham, Weir, Couch, Sullivan, Scrivner
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Absent:
Councilmember Couch
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Bal<ersfield, California, December 12, 2007 - Page 2
ACTION TAKEN
6.
INVOCATION by Pastolr Mike Osthimer, Calvary Chapel
Westbrook.
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7. PLEDGE OF ALLEGIANCE by Christopher Rees, 1st Grade
Student at Noble Elementary School.
Mayor Hall acknowledged students from Ridgeview
High School gClvernment classes in attendance at
the meeting.
8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator - Bill Avery;
Closed Session pursuant to Government
Code Section ~)4957.6
STAFF GIVEN
DIRECTION
b.
NO REPORTABLE
ACTION
Conference with Legal Counsel - Potential
Litigation; Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956,,9 (One issue)
9. PRESENTATIONS
a.
Presentation by Mayor Hall of Certificates to Youth
from Calvary Chapel Westbrook.
Mayor Hall recognized Sandy Moffett who helped
organize the alley cleanup and presented
Certificates to Stephen Moffett, Eric McPherson,
David Mattison, Seth Bensusen, Alyssa McPherson,
Cassandra Poe, Cathy Schmidt, Callie Gonzales,
Carlyn Gonzah3s, Courtney May, Hailey Criswell,
Jourdon Ahn, Lacy Akery, Sabrina Millard, Christian
Baker, Jordon Espiritu, Kyle Lowery, Tyler Morgan
all from the Ca.lvary Chapel Westbrook church.
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b. Presentation by Mayor Hall of a Retirement Plaque
and Gift Certificate to Bryan K. McBride.
Mr. McBride accepted the Retirement Plaque &
made comments.
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Bakersfield, California, December 12, 2007 - Page 3
491
10.
PUBLIC STATEMENTS
ACTION TAKEN
J.D. Harris spoke regarding Wal Mart.
Mary and Kristen Dorough spoke regarding English
only as our language.
c. Jose Quirarte spoke regarding a landlord problem
and submitted photos of rental.
a.
b.
Councilmember Benham requested Staff to contact Mr.
Quirarte with regards to Code Enforcement and give
direction on where he might find assistance.
11. APPOINTMENTS
a. Two appointments to the Miscellaneous Civil
Service Board, due to the expiration of terms of
Gonzalo Ramirez and Percy Robinson, terms
expiring December 31,2007.
Motion by Vice-Mayor Hanson to reappoint Gonzalo
Ramirez and Percy Robinson, to a three year term on
the Miscellaneous Civil Service Board.
APPROVED
AB COUCH
b.
One appointment to the Police Civil Service Board,
due to the expiration of term of William Perry, term
expiring December 31, 2007.
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Perry
Perry
Perry
Absent
Perry
Perry
Perry
Motion by Vice-Mayor Hanson to reappoint William
Perry, to a three year term on the Police Civil Service
Board.
APPROVED
AB COUCH
c. One appointment to the Fire Civil Service Board,
due to the expiration of term of Thomas
Edmonds, term expiring December 31,2007.
Ward 1 Edmonds
Ward 2 Edmonds
Ward 3 Edmonds
Ward 4 Absent
Ward 5 Edmonds
Ward 6 Edmonds
Ward 7 Edmonds
Motion by Vice-Mayor Hanson to reappoint Thomas
Edmonds, to a three year term on the Fire Civil Service
Board.
APPROVED
AB COUCH
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11.
Bakersfield, California, December 12, 2007 - Page 4
APPOINTMENTS continued
ACTION TAKEN
d.
One appointmemt to the Board of Directors of the
North BakersfiE~ld Recreation and Park
District, due to the expiration of term of Stuart
Patteson, term expiring December 31,2007.
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Motion by Vice-Mayor Hanson to reappoint Stuart
Patteson, to a four year term on the North Bakersfield
Recreation and Park District.
APPROVED
AB COUCH
e. One appointmemt to the Kern Mosquito and Vector
Control District, due to the expiration of term of
Morris C. Mahlmann, term expiring December 31,
2007.
Motion by Vice-Mayor Hanson to reappoint Morris C.
Mahlmann, to a two year term on the Kern Mosquito
and Vector Control District.
APPROVED
AB COUCH
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the November 28,2007,
Regular Council Meeting.
Payments:
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b.
Approval of department payments from November
16, 2007 to November 30, 2007 in the amount of
$10,983,928.54 and self-insurance payments from
November 16, 2007 to November 30, 2007 in the
amount of $21 !5,506.89.
ABS WEIR
Ordinances:
c.
Adoption of Ordinance amending Section 17.06.010
(Zone Map No. 123-20) of Title Seventeen of the
Municipal CodE~ by changing the zoning from M-2
(General Manufacturing) to a PCD (Planned
Commercial DEwelopment) on 73.53 acres located
on the west side of Gosford Road, between
Pacheco Road on the north, and Harris Road on the
south for development of the Gosford Village
Shopping Center (ZC 02-0030 - Castle and Cooke
California Commercial-CA, Inc.)
ORD 4480
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Bakersfield, California, December 12, 2007 - Page 5
12. CONSENT CALENDAR continued
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ACTION TAKEN
d.
Adoption of Ordinance amending Section 17.06.010
(Zone Map No. 123-24) of Title Seventeen of the
Municipal Code by changing the zoning from MH
(Mobile Home) zone on 36.94 acres and 0.58 acres
from a C-2 (Regional Commercial) zone to a PCD
(Planned Commercial Development) (on a total of
37.52 acres) located on the east side of State Route
99 and north side of Panama Lane, for development
of the Panama Lane Shopping Center to allow
development of the Panama Lane Shopping Center
(ZC 02-0193 - Panama 99 LLC).
ORD 4481
Resolutions:
e.
Resolution preliminarily approving Engineer's
Report and setting date for public hearing of
protests for Assessment District No. 07-2 (Sydney
Harbour).
RES 269-07
f.
Resolution adopting the Investment Policy of the
City.
RES 270-07
g.
Resolution approving an application proposing
proceedings for annexation of uninhabited territory
to the City identified as Annexation No. 571
consisting of 20.09 acres located on the south side
of Pioneer Drive and west of Vineland Road.
RES 271-07
h. Education Reimbursement Program
1.
Resolution adopting Education
Reimbursement Program
RES 272-07
2. Section 127 Educational Assistance Plan
Document
i.
Resolution supporting the Altamont Pass as the
preferred route for the California High-Speed
Rail System alignment.
RES 273-07
j.
Resolution adding Area 3-76 (Panama, Progress
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.
RES 274-07
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Bakersfield, California, December 12, 2007 - Page 6
12.
CONSENT CALENDAR continued
ACTION TAKEN
k.
Resolution of Intention No. 1578 to add territory,
Area 1-80 (Calloway, Flushing Quail NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
RO/1578
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I. Resolution of Intention No. 1581 to add territory, RO/1581
Area 1-81 (Renfro, Reina NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
m. Resolution of Intention No. 1582 to add territory, RO/1582
Area 1-82 (Jewetta, Etchart SW) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
Agreements:
n. Tract Maps and Improvement Agreements
1. Final Map and Improvement Agreements AGR 07-405
with Vista Montaire, LLC, for Tract 6137 AGR 07-406 J
Phase 3 located at the northeast corner of
Paladino Drive and Masterson Street.
2. Final Map and Improvement Agreements AGR 07-407
with Elmer F. Karpe, Inc., for Tract 6310 AGR 07-408
located at the southeast corner of Valleyview
Drive and Fairfax Road.
3. Final Map and Improvement Agreements AGR 07-409
with KB South Bay, Inc., for Tract 6338 AGR 07-410
Phase 2 & 3 located at the southwest corner AGR 07-411
of Paladino Drive and Vineland Road. AGR 07-412
o. Agreement with Vista Montaire ($547,200) to AGR 07-413
dedicate 5.03 total net acres of property in DEED 6832
Vesting Tentative Tract 6137 to the City for Grand
Canyon Park, Park Staging Area, Access Road and
Hiking Trail purposes and the acquisition of 8.10 net
acres of property for Grand Canyon Park.
p. Agreement with Acclamation Insurance AGR 07-414
Management Services (AIMS) for workers'
compensation claims management services for
contract year one ($299,715), contract year two .J
($310,202) and optional third year ($321,059).
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Bakersfield, California, December 12, 2007 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
l q. Agreement with California Water Service Company AGR 07-415
granting a license for a multi-use path across its
property located north of Paladino Drive east of the
alignment of Morning Drive.
r. Consultant Agreement with Krazan & Associates, AGR 07-416
Inc., ($458,128.75) to provide materials testing
services for Calendar Years 2008 and 2009.
s. Agreement with Hogan Guiney, Dick LLP, (total not AGR 07-417
to exceed $80,000) for outside legal services in the
matter of DKS Investments, LLC, et al v. City, KCSC
No. S-1500-CV-259731 KCT; and Canyons, LLC,
etc., et al v. City, KCSC No. S-1500-CV-260175
AEW.
t. Agreement with Kern County Soccer Foundation AGR 07-418
($36,000) to sell surplus parks and recreation
materials and equipment.
u. Construction of Old River Road between Pacheco
Road and Campus Park Drive:
l 1. Reimbursement Agreement with Castle and AGR 07-419
Cooke California, Inc. ($1,000,000) for
construction of Old River Road between
Pacheco Road and Campus Park Drive.
2. Appropriate $100,000 Transportation
Development Fund Balance to the Public
Works Department's Capital Improvement
Budget.
v. Cooperative Agreement with California Department AGR 07-420
of Transportation (Caltrans) for Street Improvements
on the north half of State Route 119 from Gosford
Road to Ashe Road.
w. Utility Agreement with Kern County Water Agency AGR 07-421
(not to exceed $2,000,000) to construct box culvert
at the Cross Valley Canal for the Allen Road Bridge
at Kern River Project.
x. Amendment NO.1 to Agreement No. 07-381 AGR 07-381(1)
increasing total compensation to KS Fabrication
& Machine, Inc. ($26,276.25 not to exceed
l $94,279.10) and changing the project delivery
date for Mill Creek Linear Park Phase 1 Project.
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Balkersfield, California, December 12, 2007 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
y. Amendment No.1 to Agreement 07-304 with AGR 07-304(1) J
Security Paving Company, Inc. ($200,000) for
supplemental work required for the construction of
State Route 178 (SR-178) and Fairfax Road
Interchange Project. (TRIP)
z. On-call Civil Engineering and Surveying
Agreements to extend term by one year to
December 31, :2008 (no change in not-to-exceed
amounts):
1. Amendment No.2 to Agreement No. 05-246 AGR 05-246(2)
with Boyle Engineering
2. Amendment NO.2 to Agreement No. 05-247 AGR 05-247(2)
with DMJM Harris
3. Amendment No.2 to Agreement No. 05-248 AGR 05-248(2)
with Harris & Associates
4. Amendment NO.2 to Agreement No. 05-249 AGR 05-249(2)
with Meyer Civil Engineering
5. Amendment NO.2 to Agreement No. 05-250 AGR 05-250(2) I
with Parsons Transportation Group j
AGR 05-251(2)
6. Amendment No.2 to Agreement No. 05-251
with T Y Lin
7. Amendment NO.2 to Agreement No. 05-252 AGR 05-252(2)
with Willdan
aa. Amendment NO.2 to Agreement No. 06-335 with AGR 06-335(2)
Muxlow Construction to include additional services
to qualified low.income residents under City's Home
Access Program.
bb. Amendment No.2 to Agreement No. 06-391 with AGR 06-391(2)
Bradco Industrial Corporation ($400,000; not to
exceed $959,000 and extend term for one (1) year)
for wood grinding and screening for the Solid Waste
Division.
cc. Amendment No.3 to Acquisition and Disclosure AGR 05-285(3)
Agreement No. 05-285 to amend Exhibit A
requested by Blu S.K.Y. Homes, formerly Mountain
View Bravo, LLC, pertaining to Masterson Street in
Assessment District No. 05-1, (City in the Hills). J
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Bakersfield, California, December 12, 2007 - Page 9
CONSENT CALENDAR continued
ACTION TAKEN
Bids:
dd. Accept bid and award contract to Griffith Company
($6,018,734.00) to construct Northeast Trunk Sewer
- Phase 3: Edison Highway Extension (County).
AGR 07-422
ee.
Accept bid and award contract to Prime Demolition,
Inc., ($53,730) for demolition and improvements at
1900 and 2029 Hosking Avenue.
AGR 07-423
ff.
Accept bid and award annual contract to Toter, Inc.,
(not to exceed the budgeted amount of
$297,000.00) for trash carts.
AGR 07-424
gg. Accept bid from Lenovo (United States),
Incorporated, ($91,129.79) for replacement
computers and monitors.
hh. Accept bid from Iteris, Incorporated, ($105,662.70)
for motion detection camera systems at various
traffic signal locations for the Public Works
Department.
ii.
Accept bid from Coastline Equipment ($240,497.64)
for one additional diesel powered hydraulic
excavator for the Public Works Department.
jj. Accept bids from Wattco Equipment Incorporated
($35,156.66); 911 vehicle ($10,054.69); and
Adamson Police Products ($4,271.23) for lightbars,
sirens and related equipment for the Police
Department. (Total of bids $49,482.58)
Miscellaneous:
kk. Appropriate $183,328.00 Federal Grant Revenues
(Edward Byrne Memorial Justice Assistance Grant
from the U.S. Department of Justice) to the General
Fund Police Operating Budget.
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.kk.
APPROVED
AB COUCH
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Bakersfield, California, December 12, 2007 - Page 10
13.
CONSENT CALENDAR HEARINGS
ACTION TAKEN
a.
Public Hearing to consider Resolution ordering the
vacation of a portion of the 20-foot wide alley
between Q StrE~et and R Street and south of 23rd
Street.
RES 275-07
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b. Public Hearing to consider Resolution ordering the RES 276-07
vacation of the 7.25-foot wide strip of land on the
Northeast corner of M Street and California Avenue
and 0 Street bl3tween California Avenue and 14th
Street, and 13th Street between N Street and P
Street, and P Street south of 13th Street and 198.41
foot long, and ~~O foot wide alley north of California
Avenue and between N Street and 0 Street, and a
33 foot wide alley north of California Avenue and
between 0 StrE~et and P Street.
c. Public Hearing to consider Resolution ordering the RES 277-07
vacation of a 20-foot alley in block 47 at the
southeast corner of Stockton Street and Monterey
Street.
d. Public Hearing to consider Resolution ordering the
vacation of a 20-foot wide Storm Drain Easement RES 278-07
southeasterly of Tract No. 6452, phase 2 and J
Highway 178.
e. Public Hearing to consider Resolution ordering the RES 279-07
vacation of an '18-foot wide Waiver of Direct Access
on Jewetta Aveinue north of Birchhaven Avenue.
f. Public Hearing to consider Resolution ordering the RES 280-07
vacation of a 20-foot wide Sewer Line Easement at
the southeast corner at the intersection of Stine
Road and Whitis Lane.
g. Public Hearing to consider the proposed APPROVED
expenditure pla.n for the Supplemental Law AB COUCH
Enforcement SI9rvices Funding (S.L.E.S.F.) grant.
1. Appropriate $621,509.00 State Grant
revenueiS to the Police Operating
Budget within the S.L.E.S.F. Fund.
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Bakersfield, California, December 12, 2007 - Page 11
13.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
CONTINUED TO
JANUARY 16, 200S
h.
Public Hearing to consider Zone Change No. 07-
1077; Jim Marino of Marino & Associates has
applied for a zone change on approximately
27acres, located generally south of Hageman Road,
west of Piedmont Avenue, and east of the
Burlington Northern Santa Fe (BNSF) railroad. An
appeal of the Planning Commission's decision was
submitted by Mr. Marino.
1. Resolution denying the appeal and
approving the Zone Change from A
(Agriculture Zone) to M-1 (Light
Manufacturing Zone) on approximately 10
acres, and A to E (Estate Dwelling Zone) on
approximately 17 acres.
Hearings opened at 7:15 p.m.
No one spoke.
14.
Motion by Vice-Mayor Hanson to approve Consent
Calendar Hearings 13.a. through 13.g. with continuation
of item 13.h. to January 16,2008.
HEARINGS
APPROVED
AB COUCH
15. REPORTS
a. Sustainable Growth Implementation Measures.
Development Services Director Stan Grady made a
presentation.
Councllmember Benham requested the Legislation and
Litigation Committee address revisions to the Parking
Ordinance.
b. Status of Transportation Projects.
Public Works Director Raul Rojas made a presentation.
16. DEFERRED BUSINESS
None.
17.
NEW BUSINESS
None.
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Bak:ersfield, California, December 12, 2007 - Page 12
18.
MAYOR AND COUNCIL. STATEMENTS
ACTION TAKEN
Councilmember Benham requested a traffic study be
conducted on East T'ruxtun A venue near Sonora and
Tulare Streets, In the vicinity of the education center,
to determine If traffic safety measures should be
implemented. Additionally she provided
correspondence from former Councllmember
Salvaggio regarding the matter.
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Council member Carson extended warm Christmas and
New Years' greetings 1to the Council and community.
Council member Weir wished everyone a Merry Christmas
and Happy New Year.
Council member Sullivan complimented all the Holiday
decorations in the City and in City Hall and wished
everyone a Merry Christmas.
Council member Scrivner complimented City Manager and
Attorney staff's for providing him excellent service the past
year and wished City staff and the community a Merry
Christmas.
Vice-Mayor Hanson requested staff address issues
with the brick wall on North Laurelglen.
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Vice-Mayor Hanson requested staff repair dots on
speed bumps on Oak Road and Broad Oak near Christa
McAuliffe School.
Vice-Mayor Hanson wished everyone a happy Holiday
Season.
19. ADJOURNMENT
Mayor Hall adjourned the meeting at 7:47
ATTEST:
~A/~u,'
CITY CLERK and Ex Officio lerk of
the Council of the City of Bakersfield
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