HomeMy WebLinkAbout02/27/08 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF FEBRUARY 27, 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, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Sullivan, Scrivner
Absent:
Councilmember Couch.
2. PUBLIC STATEMENTS
a. Cassie Daniel, Home Builder's Association of Kern
County, spoke and provided written material, and
Dave Dmohowski, on behalf of Old River Ranch,
spoke regarding the Transportation Impact Fee
Program.
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3.
WORKSHOPS
a. Update of the Transportation Impact Fee Program.
Public Works Director Rojas introduced Civil
Engineer Marian Shaw, who presented an overview
of the program and provided handouts.
Vice-Mayor Hanson requested the Planning and
Development Committee review Transportation Impact
Fees, bonding issues, repayment and related issues,
and report to Council.
4. CLOSED SESSION
a. Conference with Labor Negotiator 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)
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4.
CLOSED SESSION continued
ACTION TAKEN
c.
Conference with Legal Counsel- Potential Initiation
of Litigation: Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9 (One
Matter)
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Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5:29 p.m.
APPROVED
AB COUCH
Motion by Councilmember Benham to adjourn from
Closed Session at 6:08 p.m.
APPROVED
AB COUCH
RECONVENED MEETING - approximately 6:31 p.m.
Mayor Hall called for a moment of silence in tribute
to former Ward 1 Councilmember Lynn Edwards,
who served from 1989 to 1994.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Sullivan, Scrivner
Absent:
Councilmember Couch
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6.
INVOCATION by the Reverend Curtis Jenkins, Tri-Stone
Baptist Church.
7. PLEDGE OF ALLEGIANCE by Brianna Klopfenstein, 6th
grade student, Norris Middle School.
Mayor Hall acknowledged the Bakersfield College
government class along with their instructor, Corney
Rodriguez, and Boy Scout Troop 144, the Meadows
Ward of the LDS Church, in attendance at the
meeting.
8. CLOSED SESSION ACTION
a.
Conference with Labor Negotiator pursuant to
Government Code Section 54957.6
NO REPORTABLE
ACTION
b.
Conference with Legal Counsel - Potential
Litigation: Closed Session pursuant to
subdivision (b)(1 )(3)(A) of Government Code
Section 54956.9 (One issue)
NOT HEARD
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Bakersfield, California, February 27,2008 - Page 3
8.
CLOSED SESSION ACTION continued
ACTION TAKEN
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c.
STAFF GIVEN
DIRECTION
Conference with Legal Counsel- Potential Initiation
of Litigation: Closed Session pursuant to subdivision
(c) of Government Code Section 54956.9 (One
Matter)
9. PRESENTATIONS
None.
10. PUBLIC STATEMENTS
a. Jan Gerry, on behalf of Citizens for a New Oildale,
spoke regarding landscaping/streetscaping and
provided handouts.
Councilmember Benham requested staff address Ms.
Gerry's request.
b. Dean Gardner spoke regarding train noise and
provided written material.
Vice-Mayor Hanson requested the Railroad Ad Hoc
Committee review liability issues.
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c.
Community and Economic Director Kunz introduced
Don Cohen, the new Convention and Visitor's
Bureau Manager. Mr. Cohen made comments.
11. APPOINTMENTS
None.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the February 4,2008 Special
Joint City/County Meeting and February 13, 2008
Regular City Council Meeting.
Payments:
b.
Approval of department payments from February 1,
2008 to February 15, 2008 in the amount of
$12,492,716.02 and self-insurance payments from
February 1, 2008 to February 15, 2008 in the
amount of $161,003.49.
AB WEIR
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12. CONSENT CALENDAR continued ACTION TAKEN
Ordinances: J
c. First Reading of Ordinance approving a Negative FR
Declaration and amending Section 17.06.020 (Zone
Map No. 123-13) of Title Seventeen of the Municipal
Code by changing the zoning from an R-S
(Residential Suburban) to R-1 (One-Family
Dwelling) on 0.79 acres located at the northwest
corner of McCall Avenue and Mesa Grande Street.
(ZC 07-1737 - Nelms Surveying representing the
Deardeuff Family Trust).
d. First Reading of Ordinance amending Section FR
17.06.020 (Zone Map No. 102-07 and 102-18)
of Title Seventeen of the Municipal Code by
changing the zoning from C-1 (Neighborhood
Commercial) to C-2/PCD (Regional
Commercial/Planned Commercial Development)
zone 23.93 acres for purposes of commercial
development located at the southwest corner of
Olive and Calloway Drives (ZC 07-1651 - Mcintosh
& Associates representing Calloway Associates,
GP)
e. First Reading of Ordinance approving a Negative FR J
Declaration and amending Section 17.06.020 (Zone
Map No. 102-06) of Title Seventeen of the Municipal
Code by changing the zoning from an A
(Agriculture) zone to a C-2/PCD (Regional
Commercial/Planned Commercial Development)
zone on 15.1 acres; to an R-2 (Limited Multiple
Dwelling Family) Zone on 7.7 acres; to an E (Estate)
zone on 7.8 acres; and to and E (Estate) zone on
40.3 acres to allow for future commercial and
residential development located on the south side of
Seventh Standard Road, on the east and west side
of Verdugo Lane (ZC 07-1893 - Marino
& Associates representing Julie Randolph, et. al.)
Resolutions:
f. Resolution approving the submittal of an application RES 031-08
to the California Integrated Waste
Management Board (CIWMB) for all CIWMB Grants
for a period of five years, 2008 - 2013.
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12. CONSENT CALENDAR continued ACTION TAKEN
L g. Resolution confirming approval by the Assistant City RES 032-08
Manager of the Chief Code Enforcement Officer's
report regarding assessments of certain properties
in the City for which structures have been secured
against entry or for the abatement of certain weeds,
debris and waste matter and authorize collection of
the assessments by the Kern County Tax Collector.
h. Purchase of Econolite Autoscope Traffic Signal
Video Detection Systems
1. Resolution determining that the traffic signal RES 033-08
video detection systems cannot be
obtained through the usual bidding
procedures and authorizing the Finance
Director to dispense with bidding therefore,
not to exceed $300,000.
2. Approve the purchase of thirty (30) econolite
autos copes from Econolite Control
Products, Inc. in the amount of $300,000.
i. Resolution approving application proposing RES 034-08
L proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 496
consisting of 49.50 acres, located generally south of
McCutchen Road, on the west side of Gosford
Road.
j. Resolution of Intention No. 1591 adding territory, ROl1591
Area 1-83 (Coffee, Snow NE) to the Consolidated
Maintenance District and preliminarily adopting,
confirming and approving Public Works Director's
Report.
k. Resolution of Intention No. 1592 adding territory, ROl1592
Area 1-84 (Etchart, Quail Creek NE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
I. Resolution of Intention No. 1593 adding territory, ROl1593
Area 4-83 (E. Brundage, Mt. Vernon SE) to the
Consolidated Maintenance District and preliminarily
adopting, confirming and approving Public Works
Director's Report.
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12.
CONSENT CALENDAR continued
ACTION TAKEN
Agreements:
m. Transportation Impact Fee Agreement with Stuart
Thomas Inc., dba Lenox Homes (estimated impact
fee credit is $963,194) for construction of a canal
bridge on Madison Street over the Arvin-Edison
canal.
AGR 08-040
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Amendment NO.1 to Construction Management
Agreement 07-194 with Lim & Nascimento
Engineering Corporation ($82,697, total not to
exceed $302,000) for the project known as White
Lane at State Route 99 Eastbound to Southbound
On-ramp Reconstruction.
AGR 07-194(1)
o. Amendment NO.4 to Agreement No. 00-95 (annual
maximum of $52,000 including expenses) with
William Avery & Associates, Inc. for negotiation and
consultant services in employer-employee relations.
p. Chester Avenue Streetscape:
1.
Contract Change Order NO.2 to Agreement
06-067 with Griffith Company ($10,920
increase for a revised not to exceed amount
of $1,965,942.55) from 24th Street to
Garces Circle.
AGR 06-067CC02
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2. Appropriate $12,000 of Gas Tax Fund
balance to the Public Works Department's
Capital Improvement Budget within the Gas
Tax Fund.
q. Amendment to agreement and appropriation of
funds to prepare Environmental Impact Report for
General Plan Amendment/Zone Change No. 06-
1052 (Panama/Ashe)
1.
Amendment No. 1 to Agreement No. 07-190
with Jones & Stokes Associates, Inc.
($154,988.00) for preparation of an
Environmental Impact Report.
AGR 07-190(1)
2. Appropriate $15,188.00 developer's
contribution to the Development Services
Operating Budget in the General Fund for
the EIR consultant.
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12. CONSENT CALENDAR continued ACTION TAKEN
l r. Amendment NO.2 to Agreement 06-159 with Gilliam AGR 06-159(2)
and Sons, Inc. (adding $1,000,000 additional funds
for a revised not to exceed $3,000,000) for
earthmoving and hauling.
s. Amendment No. 1 to Agreement 07-184 with AGR 07-184(1)
outside counsel, Griswold, LaSalle, Cobb, Dowd &
Gin, LLP,. (amount not to exceed $150,000) for
legal services to handle right-of-way/eminent
domain cases for the Westside Parkway.
t. Amendment NO.1 to Agreement 07-373 with HNTB AGR 07-373(1)
Corporation ($1,999,843.00) for engineering and
environmental services for the South Centennial
Corridor - Cross Town Freeway - State Route 178
Connector. (TRIP)
u. Contract Change Order NO.2 to Agreement 07-167 AGR 07-167(2)
with Performance Electric ($36,186.06 increase for
a revised not to exceed amount of $1,226,438.66)
for the Mt. Vernon Recycling Center Power
Conversion project.
l Bids:
v. Accept bid from Kern Electric Distributors
($280,032.97) for decorative lights and bollards for
the Mill Creek Linear Park project.
w. Extend bid for seven (7) replacement police special
sedans:
1. Extend bid from Jim Burke ($163,466.49) for
seven (7) replacement police special
sedans.
2. Transfer and appropriate $50,712 Self
Insurance Fund balance to the Equipment
Management Fund Operating Budget.
3. Appropriate $112,755 Fund Balance to the
Equipment Management Fund Operating
Budget.
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Bakersfield, California, February 27,2008 - Page 8
12.
CONSENT CALENDAR continued
ACTION TAKEN
Miscellaneous:
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x. Appropriate $10,000,000 California Infrastructure
Bank Loan proceeds to the Capital Improvement
Budget within the Old Town Kern Infrastructure
Bank Fund for the Construction of Millcreek Linear
Park.
Councilmember Weir announced he would abstain due
to conflict of interest, source of income, on item 4.b.
Motion by Councilmember Hanson to approve Consent
Calendar items 12.a. through 12.x. with the deletion of
item 12.0.
APPROVED
AB COUCH
13. CONSENT CALENDAR HEARINGS
None.
14. HEARINGS
a.
Public Hearing to consider the Panama - Buena
Vista Bridge and Major Thoroughfare Area.
CONTINUED TO
3-12-08
Resolution approving the Panama-Buena
Vista Bridge and Major Thoroughfare Area
and making findings thereto.
2. Adoption of Ordinance amending Section F
of Section 16.32.060 of the Municipal
Code relating to the Panama-Buena Vista
Bridge and Major Thoroughfare Area.
1.
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City Clerk McCarthy announced correspondence
was received from staff and Robert Lusich
requesting hearing item 14.a. be continued.
Staff comments by Public Works Director Rojas.
Hearing opened at 6:52 p.m.
Robert Lusich, on behalf of Ernie Antongiovanni and
family, spoke in support of continuing the hearing.
Motion by Vice-Mayor Hanson to continue the hearing
to the March 12,2008 Council meeting.
APPROVED
AB COUCH
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14.
HEARINGS
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b.
Public Hearing to consider Resolution upholding the
Board of Zoning Adjustment's (BZA) decision
approving Conditional Use Permit No. 07-2183 to
operate a 5,485 square foot retail jewelry store in a
C-O/P.C.D. (Professional and Administrative
Office/Planned Commercial Development) zone
district located at 9700 Brimhall road. David Gay
has appealed the BZA's decision. (Applicant/Owner:
Carl M. Saenger, represented by David Y. Milazzo
AlA/David R. Wilson)
ACTION TAKEN
CONTINUED
1. Resolution denying the appeal and
upholding Conditional Use Permit No. 07-
2183.
Development Services Director Grady made staff
comments and recommended, due to the illness of
Councilmember Couch, the hearing be continued to
a Council meeting in March.
Hearing opened at 6:54 p.m.
David Gay spoke in favor of continuing the hearing.
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Motion by Vice-Mayor Hanson to continue the hearing
to a March meeting date.
APPROVED
AB COUCH
15. REPORTS
None.
16. DEFERRED BUSINESS
a. General Plan Amendment/Zone Change 05-1580
(Ten Section), Jim Manley, representing 10 Section
LLC (property owner) has applied for a general plan
amendment and zone change on 220-acres located
on the south of Panama Lane and east of Nord
Avenue. Jim Manley has appealed the Planning
Commission decision.
1.
Resolution making findings approving and
certifying the Final Environmental Impact
Report (EIR) for General Plan Amendment
05-1580, known as the 10 Section
Project.
RES 035-08
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16.
DEFERRED BUSINESS
Item 16.a. continued
ACTION TAKEN
2.
Resolution approving the appeal and
adopting the general plan amendment
changing the land use designation from R-
MP (Resource-Mineral and Petroleum) and
OS (Open Space) to LR (Low Density
Residential) on 220-acres.
RES 036-08
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3.
First Reading of Ordinance amending Title
17 of the Municipal Code and amending
Zoning Map No. 122-28 from A (Exclusive
Agriculture) to R-1 (One Family Dwelling)
on 220-acres.
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Development Services Director Grady made staff
comments.
Motion by Vice-Mayor to adopt the Resolution and give
first reading to the Ordinance.
APPROVED
AB COUCH
17. NEW BUSINESS
None.
18.
MAYOR AND COUNCIL STATEMENTS
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Councilmember Benham thanked staff for the traffic signal
at 26th and F Streets.
Councilmember Benham requested staff address
maintenance issues on the bikepath and provided
contact information.
Councilmember Carson made comments regarding the
passing of former Councilmember Lynn Edwards and
requested the meeting be adjourned in Mr. Edward's
memory.
Councilmember Scrivner requested the Budget and
Finance Committee review a proposal from Kern
Refuse Disposal Inc., for a transfer station and MURF
as proposed to the SWMAC Board on February 1sth.
Councilmember Scrivner provided a packet of
information from the Fresno Parks Department
regarding their after school recreational program;
requested staff review the information and forward to
the Safe Neighborhoods Committee for review and
possible implementation in our community.
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18.
MAYOR AND COUNCIL STATEMENTS
ACTION TAKEN
Councilmember Scrivner requested staff contact Rob
Boyle & Associates to determine the benefit in
requesting a presentation regarding graffiti control.
Vice-Mayor Hanson made comments regarding graffiti
abatement efforts in the Silver Creek area.
Vice-Mayor Hanson requested staff analyze the benefit
of establishing railroad quiet zones in the southwest
part of town.
Vice-Mayor Hanson welcomed Officer Eddy home and
wished him luck.
Councilmember Sullivan made comments regarding Officer
Eddy and wished her daughter, Julie Boden happy birthday.
Mayor Hall wished Officer Eddy well and thanked the
Bakersfield Police Department.
19.
ADJOURNMENT
Mayor Hall adjourned the meeting at 7:15 p.m. in honor
of former Councilmember L n Edward .
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