HomeMy WebLinkAbout01/30/08 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF JANUARY 30, 2008
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 Benham,
Weir, Couch, Sullivan (seated at 5:20 p.m.) ,
Scrivner
Absent:
Councilmember Carson
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
4.
CLOSED SESSION
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a. Conference with Legal Counsel - Potential
Litigation: Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9 (One issue)
b. Conference with Labor Negotiator, Bill Avery,
pursuant to Government Code Section 54957.6
c. Conference with Legal Counsel- Existing Litigation:
Closed session pursuant to subdivision (a) of
Government Code Section 54956.9 (Three cases).
1. City vs. City of Shafter (CEQA), et al
Kern County Superior Court Case No. S-
1500-CV -260277 - RJO
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2. 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
City v. Oildale Mutual Water Company
Kern County Superior Court Case No. S-
1500-CV-260384- LPE
3.
526
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:18 p.m.
Bakersfield, California, January 30, 2008 - Page 2
ACTION TAKEN
APPROVED
AB CARSON
Motion by Councilmember Couch to adjourn from
Closed Session at 6:35 p.m.
APPROVED
AB CARSON
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RECONVENED MEETING - approximately 6:48 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Benham, Weir,
Couch, Sullivan, Scrivner
Absent:
Carson
6. INVOCATION by Major David Ebel, Corps Officer & Kern
County Coordinator Salvation Army.
7. PLEDGE OF ALLEGIANCE by Zachary Fraze, 2nd grade
student at Downtown Elementary.
Mayor Hall called for a moment of silence on behalf
of Councilmember Carson's recent family tragedy.
Mayor Hall acknowledged Boy Scout Troop 139 in
attendance at the meeting.
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8. CLOSED SESSION ACTION
a.
Conference with Legal Counsel - Potential
Litigation: Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9 (One issue)
CONTINUED TO
2-13-08
b.
Conference with Labor Negotiator, Bill Avery,
pursuant to Government Code Section 54957.6
NO REPORTABLE
ACTION
c. Conference with Legal Counsel - Existing Litigation:
Closed session pursuant to subdivision (a) of
Government Code Section 54956.9 (Three cases).
1.
City vs. City of Shafter (CEQA), et al
Kern County Superior Court Case No. S-
1500-CV -260277 -RJO
NO REPORTABLE
ACTION
2.
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
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Bakersfield, California, January 30, 2008 - Page 3
8.
CLOSED SESSION ACTION continued
Item 8.3.b. continued
ACTION TAKEN
3.
City v. Oildale Mutual Water Company
Kern County Superior Court Case No. S-
1500-CV-260384- LPE
NO REPORTABLE
ACTION
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to
United Way, proclaiming January 31, 2008 as
"Earned Income Tax Credit Awareness Day".
Marian Krable accepted the Proclamation and made
comments.
b. Presentation by Vice-Mayor Hanson, on behalf of
the City Council, to Jacques LaRochelle for
nineteen years of service in the City Public Works
Department.
Public Works Director Rojas and Councilmember
Benham made comments and thanked Assistant
Public Works Director LaRochelle for his service.
10.
PUBLIC STATEMENTS
a. Takvor Takvorian, Amy Richardson, Tim Stonelake,
Brian Self, on behalf of the Board of Directors of the
First Assembly of God, Stockdale Christian School
and the Manor (senior and low income housing
project), Robert Hartley, David Boyd, Ernest Morse
and Stephanie Campbell spoke regarding the
Westside Parkway Study.
16. DEFERRED BUSINESS
a. Financial Commitment by the City to the Thomas
Roads Improvement Program. (TRIP)
City Manager Tandy made staff comments.
Doug Houston, George K. Baum Company, gave a
computer presentation.
Motion by Councilmember Benham to approve the staff
recommendation.
APPROVED
AB CARSON
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Bakersfield, California, January 30, 2008 - Page 4
16.
DEFERRED BUSINESS continued
ACTION TAKEN
b.
Project Charter for Centennial Corridor between
California Department of Transportation
Caltrans), County of Kern, Kern Council of
Governments (KCOG), and the City.
AGR 08-017
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Public Works Director Rojas made staff comments.
Motion by Councilmember Benham to approve the
Project Charter for the Centennial Corridor.
APPROVED
AB CARSON
c.
Design Consultant Agreement with H NTB
Corporation ($11,335,155) for Engineering and
Environmental Services for Centennial Corridor.
(TRIP)
AGR 08-18
City Clerk McCarthy announced correspondence
and calls were received regarding this item, three in
support and sixteen in opposition.
Public Works Director Rojas made staff comments
and introduced Chris Clark with Parsons who made
additional comments.
Motion by Councilmember Benham to approve the
Agreement.
APPROVED
AB CARSON
NS COUCH
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Councilmember Couch requested staff investigate the
portability of the tax base should displacement result
through eminent domain action. Additionally, should
the tax base not be portable, City staff to implement the
process that would lead to that end.
Recess taken from 8:40 p.m. to 8:51 p.m.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the January 16, 2008,
Special and Regular City Council Meetings.
Payments:
b.
Approval of department payments from January 5,
2008 to January 17, 2008 in the amount of
$13,809,386.40 and self-insurance payments from
January 5,2008 to January 17, 2008 in the amount
of $255,140.79.
AB WEIR
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Bakersfield, California, January 30,2008 - Page 5
529'
12.
CONSENT CALENDAR continued
ACTION TAKEN
Ordinances:
c. First Reading of Ordinance amending Sections
17.04.547; 17.60.020 b.; 17.60.050 C.;
17.60.060 a.3.; 17.60.060 b.1-5, 9; 17.60.070; and
17.60.090 of the Bakersfield Municipal Code relating
to signs.
FR
d.
First Reading of Ordinance amending Bakersfield
Municipal Code Sections ~ 1.12.010, ~ 1.12.040
and ~ 1.12.050 by adding Annexation No. 505
consisting of 54.34 acres, located west of
Cottonwood Road, north of Panama Lane,
Annexation No. 523 consisting of 33.01 acres,
located on the north side of East Hosking Avenue,
between South Union Avenue and Cottonwood
Road, Annexation No. 528 consisting of 22.06
acres, located south of Chester Avenue and south
of White Lane, generally west of South Union
Avenue and Annexation No. 529 consisting of 64.47
acres, located at the southwest corner of South
Fairfax Road and Redbank Road to Ward 1,
Annexation No. 466 consisting of 83.47 acres,
located north of Snow Road, generally west of the
Calloway Canal, east of Allen Road, Annexation No.
531 consisting of 60.88 acres, located north of
Stockdale Highway, generally west of Renfro
Road, Annexation 542 consisting of 0.55 acres,
located on the north side of Old Town Road,
between Allen Road and Old Farm Road,
Annexation 552 consisting of 2.45 acres, located
on the north side of Brimhall Road, west of Calloway
Drive, Annexation No. 562 consisting of 99.50
acres, located at the northeast corner of Snow Road
and Coffee Road, west of the Beardsley Canal and
Annexation No. 565 consisting of 91.65 acres,
located on Etchart Road, on the east and west side
of Coffee Road, west of the Beardsley Canal to
Ward 4, and Annexation 530 consisting of 77.56
acres, located at the northwest corner of Gosford
Road and Taft Highway to Ward 5.
FR
530
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Bakersfield, California, January 30, 2008 - Page 6
CONSENT CALENDAR continued
ACTION TAKEN
e.
Adoption of Ordinance approving the Negative
Declaration and amending Title 17 (Zone Map No.
103-31) of the Municipal Code from C-2 (Regional
Commercial) and R-2 (Limited Multi-family Dwelling
Residential) to R-3/PUD (Multiple Family
Dwelling/Planned Unit Development) on
approximately 2.34 acres and C-2 to C-2/PCD
(Planned Commercial Development) on
approximately .25 acres located at 701 Union
Avenue (ZC07-2017 - AMCAL Multi Housing) 3
ORD 4488
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Resolutions:
f. Resolutions approving applications proposing
proceedings for annexation of uninhabited territory
to the City identified as:
1. Annexation No. 581 consisting of 77.72 RES 012-08
acres, located on the west side of Fairfax
Road, south of Redbank Road. (Ward 1)
2. Annexation No. 602 consisting of 1.70 acres, RES 013-08
located on the north side of Taft Highway,
generally west of Gosford Road. J
g. Amendment NO.1 to Resolution 63-97 for CalPers RES 63-97(1)
pre-tax pick up.
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 Collector:
1. Area 1-79 (Allen, Kratzmeyer NW) RES 014-08
2. Area 5-37 (Berkshire, Madison S) RES 015-08
RES 016-08
3. Area 5-42 (Washington, Feliz SW) RES 017-08
4. Area 5-43 (White, S. Union NE)
i. Resolution of Intention No. 1587 adding territory, ROl1587
Area 2-37 (District, Stine NW) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
j. Resolution of Intention No. 1588 adding territory, RES 1588
Area 5-44 (E. White Lane, S. Washington NW) to
the Consolidated Maintenance District and j
preliminarily adopting, confirming and approving
Public Works Director's Report.
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Bakersfield, California, January 30,2008 - Page 7
12. CONSENT CALENDAR continued ACTION TAKEN
l Agreements:
k. 2008 Agreement with HealthComp for IRS Section AGR 08-019
125 unreimbursed medical and dependent care.
I. Ground Lease Agreement with Richard Kutzner AGR 08-020
($40 a month) for purposes of constructing an
aircraft storage hangar.
m. Consultant Agreements with Mcintosh & Associates AGR 08-021
($200,000) and Willdan ($200,000) to provide "on- AGR 08-022
call" construction inspection services for Capital
Improvement Program.
n. Proposed Improvements at the Rabobank Arena:
1. Amendment No. 1 to Agreement No. 07-394 AGR 07-394(1)
with Rossetti Associated, Inc. ($7,000;
total not to exceed $47,000) to develop
options not included in the original scope of
work for a feasibility study.
2. Appropriate and transfer $7,000 Transient
l Occupancy Tax Fund balance to the
Capital Improvement Budget within the
Capital Outlay Fund to conduct a feasibility
study for proposed improvements.
o. Agreement with Three-Way Chevrolet to lease a AGR 08-023
2008 Chevrolet pickup truck for the Police
Department's "A Life Interrupted" Program.
p. Amendment NO.2 to Agreement 02-061 with CC AGR 02-061(2)
Plaza, LLC to extend lease agreement at 900
Truxtun Avenue for three years plus options to
extend for two additional years.
q. Contract Change Order NO.2 to Agreement 07-143 AGR 07-143CC02
with MGE Underground, Inc. ($56,316.80 for a
revised not to exceed amount of $1,043,714.80) for
Traffic Signal Interconnect Part 4 on Auburn St.
between Eissler St. and Columbus St. between
Chester Avenue and Oswell St.
r. Contract Change Order NO.1 to Agreement 06- AGR 06-136CC01
136( 1) with Floyd Johnston Construction
($71,653.52 for a revised not to exceed amount of
l $10,071,653.52) for the McCutchen/Gosford Sewer
Lift Station.
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Bakersfield, California, January 30, 2008 - Page 8
12.
CONSENT CALENDAR continued
ACTION TAKEN
s.
Contract Change Order NO.6 to Agreement No. 07-
028 with Wallace and Smith Contractors
($41,995.46 for a revised not to exceed amount of
$3,411,847.62) for Fire Station NO.5 and Police
Satellite Office Project.
AGR 07-028CC06
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t. Saunders Park Recreation Facility:
1. Contract Change Order NO.2 to Agreement AGR 07-306CC02
No. 07-306 with Klassen Corporation
($29,963.95 for a revised not to exceed
amount of $757,810.41) for a recreation
facility.
2. Transfer $33,490 (both Change Order Nos. 1
& 2) from Public Works Capital
Improvement Project (Fleet Services
Building Remodel) to the Capital
Improvement Budget within the Capital
Outlay Fund.
u. Installation of landscaped median on Stockdale
Highway east of Renfro Road and Chapala Drive:
1. Reimbursement agreement with Castle & AGR 08-024 J
Cooke California, Inc. ($157,000) for
construction of landscaped median on
Stockdale Highway east of Renfro Road to
Chapala Drive.
2. Transfer $133,475 from Public Works Capital
Improvement Project (Miscellaneous
Right of Way Acquisitions) to the Capital
Improvement Budget within the
Transportation Development Fund.
3. Transfer $23,525 from Public Works Capital
Improvement Project (Miscellaneous
Median Islands) to the Capital Improvement
Budget within the Gas Tax Fund.
v. East Hills Mall Project:
1. Amendment No. 1 to Agreement 06-227 with AGR 06-227(1)
Gardens at East Hills Mall, LLC for
purchase of property for commercial project
and re-construction of sump.
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Bakersfield, California, January 30, 2008 - Page 9
12.
CONSENT CALENDAR continued
Item 12.v. continued
ACTION TAKEN
2.
AGR 08-025
Agreement with Gardens at East Hills Mall,
LLC and M.S. Walker & Associates, Inc.
for construction of parking facilities.
3.
Agreement with Gardens at East Hills Mall,
LLC ($196,000) for purchase of
easement.
AGR 08-026
Bids:
w.
Accept bid to award contract to Griffith Company
($410,310.00) for Street Improvements on
Stockdale Highway (Wetherley to Oak Street).
AGR 08-027
x.
Accept bid to award contract to Shaff's Construction,
LLC, dba Golden Construction and Excavation
($115,179.00) for Beach Park irrigation refurbishing
project.
AGR 08-028
y.
Accept proposal and award contract to Evolution
Markets ($412,734.08) to purchase the required
Nitrogen Oxide offsets for the City's Wastewater
Treatment Plant #3 2007 Expansion Project.
AGR 08-029
z.
Accept bid from McCain, Incorporated
($399,445.73) for traffic signal poles and equipment
for new traffic signal installations.
aa. Bid for lightbars, sirens and related equipment:
1. Rescind bid award to Wattco Equipment
Incorporated ($35,156.66)
2. Award bids to next lower bidders, 911
Vehicle ($43,404.08) and Adamson Police
Products ($627.25). (Total of bids
$44,031.33)
Miscellaneous:
bb. Revision to Miscellaneous Civil Service Rules &
Regulations: Rule 5.02 Competitive Examinations
cc.
Quitclaim of cross easements to Newport Hospitality
Group, successor in interest to John Q. Hammonds
Hotel Two at 801 Truxtun Avenue.
DEED 6816
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 12.b.
534
Bakersfield, California, January 30, 2008 - Page 10
12.
CONSENT CALENDAR continued
ACTION TAKEN
Motion by Councilmember Hanson to approve Consent
Calendar items 12.a. through 12.cc.
APPROVED
AB CARSON
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13. CONSENT CALENDAR HEARINGS
a.
Public Hearing to consider Resolution ordering the
vacation of the 5 foot wide Pedestrian Walkway at
Stolle Court and North Half Moon Drive.
RES 018-08
b. Public Hearing to consider Resolution ordering the RES 019-08
vacation of the 10 foot wide Public Utility Easement
in Tract No. 6295 Phase 1 and 2 located north of
the intersection of River Ranch Drive and White
Rock Drive.
c. Zone Change No. 06-1149/Planned Development CONTINUED TO
Review 07-1558(Mustang Square); Todd Smith, 3-12-08
Cannon & Associates representing the property
owner for Mustang Square, LLC, applied for a zone
change and planned development review of an
89,536 square foot shopping center on
approximately 10.98 acres at the southeast corner
of White Lane and Buena Vista Road. Blain
Franzen has also filed an appeal of the Planning J
Commission decision.
First Reading of Ordinance adopting
1.
Negative Declaration and amending Section
17.06.020 (Zone Map 123-18) of Title 17 of
the Bakersfield Municipal Code from C-1
(Neighborhood Commercial) to C-2/PCD
(Regional Commercial/Planned Commercial
Development Overlay) on approximately
10.98 acres and denying the appeal to the
zone change.
2. Resolution denying the appeal and
upholding the Planning Commission's
approval of a planned development review
(PD07-1558) for a 89,536 square foot
shopping center at 3500 Buena Vista Road
in a C-2/PCD Zone.
d. Protest Hearing for proposed Assessment District
No. 07-2 (Sydney Harbour):
1. Resolution approving the Final Engineer's RES 020-08
Report, levying assessments, ordering J
improvements, and authorizing and directing
related actions.
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Bakersfield, California, January 30, 2008 - Page 11
13.
CONSENT CALENDAR HEARINGS continued
ACTION TAKEN
City Clerk McCarthy announced a correction to item
13.d., amending the ward location from Ward 3 to
Ward 1. Additionally, correspondence was received
from Betty Taylor regarding item 13.c. zone change.
Hearings opened at 8:54 p.m.
No one spoke.
Hearings closed at 8:54 p.m.
Motion by Vice-Mayor Hanson to adopt items 13.a.,
13.b. and 13.d., with continuation of item 13.c. to March
12, 2004.
14. HEARINGS
APPROVED
AB CARSON
a.
Public Hearing to consider Resolution adopting the
Vineland Road/State Route 178 Interchange
Specific Plan Line.
RES 021-08
Public Works Director Rojas made staff comments.
Hearing opened at 8:58 p.m.
No one spoke.
Hearing closed at 8:58 p.m.
Motion by Councilmember Weir to adopt the
Resolution.
APPROVED
AB CARSON
b. Zone Change No. 07-1077; Jim Marino, Marino &
Associates, has applied for a zone change on
approximately 27 acres located generally south of
Hageman Road, west of Piedmont Avenue and east
of the Burlington Northern Santa Fe (BNSF)
railroad. Jim Marino has also filed an appeal of the
Planning Commission decision.
1.
First reading of Ordinance approving the
Negative Declaration, 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.
FR
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Bakersfield, California, January 30, 2008 - Page 12
14.
HEARINGS continued
Item 14.b. continued
ACTION TAKEN
Development Services Director Grady made staff
comments.
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Hearing opened at 9:00 p.m.
Jim Marino, Marino & Associates, on behalf of the
property owner, spoke in opposition to the staff
recommendation.
Hearing closed at 9:10 p.m.
Motion by Councilmember Couch to adopt the Negative
Declaration, including alternate condition number 13:
"At the time of development of the industrial parcel, the
developer shall construct pavement, curb and gutter on
both sides of Hageman Road from the northwest corner
of the property and west side of Tract 5594 to Allen
Road. Improvements would generally be along the
south side of Assessor's Parcel 527-020-10
(approximately 640 feet), the north side of Assessor's
Parcel 527-020-11 and within the existing right of way."
Additionally, Mr. Marino agreed not to submit a site
plan for six months or until the specific Plan Line is
adopted, which ever is shorter.
APPROVED
AB CARSON
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15.
REPORTS
a. Community Services Committee Report regarding
Recreation and Parks Master Plan.
Recreation and Parks Director Dianne Hoover
provided an overview and gave a computer
presentation.
Motion by Councilmember Sullivan to accept the
Report and adopt the Plan.
b. Update on Capital Improvement Program Budget.
APPROVED
AB CARSON
Public Works Director Rojas made comments and
introduced Civil Engineer IV Ramming who provided
a computer overview.
17. NEW BUSINESS
None.
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Bakersfield, California, January 30, 2008 - Page 13
18.
MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff repair a
downed street light at the northwest corner of Thelma
and La Mesa.
Councilmember Benham requested staff respond to an
inquiry regarding a refund on a recycling fee
overpayment and provided contact information.
Councilmember Benham provided senior citizen rebate
applications and requested staff process the requests.
Councilmember Benham supplied a letter from a
constituent regarding unsolicited business cards being
dropped at residences and requested the City Attorney
respond. Additionally should the City Attorney deem it
prudent, the matter should be reviewed by the
Legislation and Litigation Committee.
Councilmember Benham congratulated Chief Rector
and the Police Department on the completion of the
Department of Justice investigation.
Councilmember Couch provided referrals to staff for
response.
Councilmember Couch requested staff analyze the
need for a four-way stop or traffic signal at Olive and
Alderbrook.
Councilmember Couch requested an update regarding
the URS Griner and Hwy. 99 situation.
Vice-Mayor Hanson requested staff respond to
correspondence from the Kern Taxpayers Association.
Vice-Mayor Hanson made comments regarding City
employees being featured in the Bakersfield Magazine.
Vice-Mayor Hanson requested information regarding Quiet
Zones. Public Works Director responded.
Councilmember Scrivner requested information
regarding Thomas Roads Projects on the City website
and additionally requested new information be added
along with an FAa.
Councilmember Scrivner requested a copy of the
Powerpoint presentation on the Capital Improvement
Budget be emailed to him.
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ACTION TAKEN
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Bakersfield, California, January 30, 2008 - Page 14
18.
MAYOR AND COUNCIL STATEMENTS continued
ACTION TAKEN
Councilmember Scrivner congratulated Chief Rector and
City Manager Tandy on the conclusion of the Department of
Justice investigation.
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Councilmember Sullivan echoed congratulations to Chief
Rector regarding the Department of Justice investigation.
Councilmember Sullivan requested a copy of the
Capital Improvement Plan.
Councilmember Sullivan requested Council meetings
and Joint City/County meetings have recesses and
Closed Session periods edited out of re-broadcasts.
Mayor Hall made comments regarding items related to
East Hills Mall.
Mayor Hall made comments regarding the State of the
County.
Mayor Hall complimented Chief Rector and the Police
Department on the Department of Justice report.
19 . ADJOURNMENT
ATTEST:
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/l-6~t . CITY CLERK and Ex
the Council of the City 0
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