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HomeMy WebLinkAbout03/12/08 CC MINUTES 573 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF MARCH 12, 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, Couch, Sullivan, Scrivner Absent: None. 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel - Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Cindy Sena v City; Edward Ferguson. Kern County Superior Court Case No. S-1500-CV-260455-LPE b. Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 d. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1)/54957.6 Motion by Vice-Mayor Hanson to adjourn to Closed Session at 5:17 p.m. APPROVED Motion by Councilmember Scrivner to adjourn from Closed Session at 6:55 p.m. APPROVED 574 Bakersfield, California, March 12, 2008 - Page 2 RECONVENED MEETING - approximately 7:00 p.m. 5. ROLL CALL ACTION TAKEN Present: Mayor Hall, Vice-Mayor Hanson, Councilmembers Carson, Benham, Weir, Couch, Sullivan, Scrivner Absent: None. 6. INVOCATION by Pastor Tim Hardy, Laurelglen Bible Church. 7. PLEDGE OF ALLEGIANCE by Darby Berkshire, 1st Grade Student at Downtown Elementary School. Mayor Hall recognized the Ridgeview High School government class in attendance at the meeting. 8. CLOSED SESSION ACTION a. Conference with Legal Counsel- Existing Litigation; Closed Session pursuant to subdivision (a) of Government Code Section 54956.9 for Cindy Sena v City; Edward Ferguson. Kern County Superior Court Case No. S-1500-CV-260455-LPE SETTLEMENT AUTHORIZED City Attorney Gennaro announced Council authorized settlement in an amount not to exceed $42,500.00. b. STAFF GIVEN DIRECTION Conference with Legal Counsel - Potential Litigation; Closed Session pursuant to subdivision (b)(1)(3)(A) of Government Code Section 54956.9. c. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 NO REPORTABLE ACTION d. Public Employee Performance Evaluation - City Manager; Closed Session pursuant to Government Code Sections 54957(b)(1)/54957.6 POSTPONED UNTIL 3-26-08 City Attorney Gennaro announced that at the last City Council Meeting, under the title of Potential Initiation of Litigation, the Council directed the City Attorney to retain outside counsel to file a lawsuit in conjunction with California Water Service Company against those entities responsible for damage to City water wells. Bakersfield, California, March 12, 2008 - Page 3 575 9. PRESENTATIONS ACTION TAKEN a. Presentation by Mayor Hall of Proclamation to Nancy Williams, Program Coordinator, Bakersfield Adult School, proclaiming March 10-14,2008, as Adult Education Week. Ms. Williams accepted the Proclamation and made comments. b. Presentation by Mayor Hall of Proclamation to Eli Feghali, President, Bakersfield West Rotary Club, and Barry Rosenfeld, President, Bakersfield West Rotary Foundation, proclaiming April 5, 2008, as Cioppino Feed Day. Mr. Feghali and Mr. Rosenfeld accepted the Proclamation and made comments. 10. PUBLIC STATEMENTS None. 11. APPOINTMENTS a. One appointment to the Bakersfield Redevelopment Agency due to the resignation of Don Cohen, term expiring April 22, 2009. Mayor Hall recommended Larry Pickett be appointed to fill the vacancy created on the Bakersfield Redevelopment Agency by the resignation of Don Cohen, term expiring April 22, 2009. Motion by Vice Mayor Hanson to appoint Larry Pickett to the fill the vacancy created on the Bakersfield Redevelopment Agency by the resignation of Don Cohen, term expiring April 22, 2009. 12. CONSENT CALENDAR APPROVED Minutes: a. Approval of minutes of the February 27,2008 Regular City Council Meeting. Payments: b. Approval of department payments from February 16, 2008 to February 28, 2008 in the amount of $26,716,886.23 and self-insurance payments from February 16, 2008 to February 28, 2008 in the amount of $205,319.73. ABS WEIR 576 12. 1. Bakersfield, California, March 12, 2008 - Page 4 CONSENT CALENDAR continued ACTION TAKEN Ordinances: c. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-13) of Municipal Code by changing the zoning from 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 (Applicant: Nelms Surveying/Property Owner: Deardeuff Family Trust). Adoption of Ordinance amending Title 17 (Zone Map No. 102-07 and 102-18) of the Municipal Code by changing the zoning from C-1 (Neighborhood Commercial) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 23.93 acres located at the southwest corner of Olive and Calloway Drives (ZC 07-1651 Applicant: Mcintosh & Associates/Property Owner: Calloway Associates, GP) ORD 4493 ORD 4492 d. e. Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 102-06) of the Municipal Code by changing the zoning from A (Agriculture) to C-2/PCD (Regional Commercial/Planned Commercial Development) on 15.1 acres; to R-2 (Limited Multiple Dwelling Family) on 7.7 acres; to E (Estate) on 7.8 acres; and to E (Estate) on 40.3 acres located on the south side of Seventh Standard Road, on the east and west side of Verdugo Lane (ZC 07-1893 (Applicant: Marino & Associates/Property Owner: Julie Randolph, et. al.) Adoption of Ordinance approving a Negative Declaration and amending Title 17 (Zone Map No. 123-13) of the Municipal Code by changing the zoning from R-2 (Limited Multiple Family Dwelling) to C-1/PCD (Neighborhood Commercial/Planned Commercial Development) on 2.50 acres located along the south side of Planz Road, west of South H Street. (ZC 07-1791) (Applicant: Evergreen Devco, Inc./Property Owner: Infinity Development Property Management) ORD 4495 ORD 4494 Bakersfield, California, March 12, 2008 - Page 5 577 12. CONSENT CALENDAR continued ACTION TAKEN g. Adoption of Ordinance approving a Negative ORD 4496 Declaration and amending Title 17 (Zone Map No. 101-27) of the Municipal Code by changing the zoning from R-S-5A (Residential Suburban-5 acre minimum) to E (Estate) on 80 acres located on the north side of Brimhall Road and the east side of Rudd Avenue. (ZC 07-1848) (Applicant: SmithTech/USA, Inc./Property Owner: Alfred Palla Jr. & Donald Ralph Palla) h. Adoption of Ordinance approving a Negative ORD 4497 Declaration and amending Title 17 (Zone Map No. 103-24) of the Municipal Code by changing the zoning from C-2/PCD (General Commercial/Planned Commercial Development) and R-2 (Limited Multiple Family Dwelling Residential) to C-O (Commercial Office) on approximately 13 acres and R-2 to C- 2/PCD on 4 acres generally located southwest of Highway 178 and Morning Drive. (ZC 07-1715) (Applicant/Property Owner: Sikand Engineering) i. Adoption of Ordinance approving a Negative ORD 4498 Declaration and amending Title 17 (Zone Map No. 101-01) of the Municipal Code by changing the zoning from A (Agriculture) to R-2 (Limited Multiple Family Dwelling) on approximately 40 acres and A to DI (Drilling Island) on approximately 4 acres located generally south of Seventh Standard Road and west of the Calloway Canal. (ZC 06-1698) (Applicant/Property Owner: Adavco, Inc.) j. Adoption of Ordinance approving a Negative ORD 4499 Declaration and amending Title 17 (Zone Map No. 123-29) of the Municipal Code from A (Agriculture) to R-1 (One Family Dwelling) on 39.92 acres located at the northeast corner of McCutchen Road and Old River Road. (ZC 07 -187 4) (Applicant: Mcl ntosh & Associates/Property Owner: Michael Antongiovanni, Nancy Turnipseed and Steven Antongiovanni) Resolutions: k. Resolution approving an application proposing proceedings for annexation of inhabited territory to the City identified as Annexation No. 605 consisting of 21.83 acres located along Hooper Avenue generally south of Olive Drive and east of Coffee Road. RES 037-08 578 Bakersfield, California, March 12, 2008 - Page 6 12. CONSENT CALENDAR continued ACTION TAKEN I. Resolution approving Cultural Resource Designation RES 038-08 for property located at 3801 Chester Avenue and for placement on the Bakersfield Register of Historic Places. m. Resolution supporting Bakersfield High School's RES 039-08 application for a School Community Violence Prevention Grant to combat gang influence in and around Bakersfield High School. n. Assessment District No. 07-2 (Sydney Harbour): REMOVED FOR 1. Resolution approving amendment to Final SEPARA TE CONSIDERA TION Engineer's Report. 2. Resolution determining assessments remaining unpaid. 3. Resolution authorizing issuance of bonds. 4. Resolution approving form and substance of Preliminary Official Statement and Bond Purchase Contract, authorizing modifications thereto and execution thereof, and authorizing related documents and action. o. Resolutions 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 1-83 (Coffee, Snow NE) RES044-08 2. Area 1-84 (Etchart, Quail Creek NE) RES 045-08 3. Area 4-83 (E. Brundage, Mt. Vernon SE) RES 046-08 p. Sewer Connection Fee Assessments: 1. Resolution confirming assessments for RES 047-08 sewer connection fee and authorizing the collection of assessments by the Kern County Tax Collector. 2. Agreement with Michael P. Hart and Tammy AGR 08-041 A. Hart, 5101 Centaur Street, to pay sewer connection fee in installments and notice of special assessment lien. Amendment NO.2 to Agreement No. 07-192 with Meyer Civil Engineering, Inc. ($27,000; revised not to exceed $172,390) for additional engineering and construction administration services for the Mill Creek - Phase 1 (Central Park) Project. Amendment No. 1 to Agreement No. PW07 -022 with Loop Electric ($40,000; revised not to exceed $80,000) and extending the term for one (1) year for vehicle loop cutting (annual contract). w. Wastewater Treatment Plant NO.3 - 2007 Expansion Project: 12. 579 Bakersfield, California, March 12,2008 - Page 7 CONSENT CALENDAR continued ACTION TAKEN q. Resolution of Intention No. 1594 to order the vacation of the 25 foot wide alleyway drive approach access off Auburn Street located east of Fairfax Road between Auburn Oaks Drive and Auburn Street. ROl1594 Agreements: r. Agreement with Nancy Iparraguirre ($128,000) to purchase real property located at 2717 Hosking Road in order to widen Hosking Road. License Agreement with North Kern Water Storage District for construction, operating and maintaining a twelve inch diameter domestic water mainline along the south side of Snow Road crossing the Calloway Canal between Jewetta Avenue and Norris Road. AGR 08-043 AGR 08-042 DEED 6834 s. t. AGR 08-044 Agreement with Meyer Civil Engineering, Inc. ($600,330) for preparation of plans, specifications and estimate in accordance with City requirements for design of Phase 4 and Phase 5 elements of the Mill Creek Project along the Kern Island Canal. u. AGR 07-192(2) v. AGR 08-045 1. Amendment NO.4 to Agreement No. 04-214 with Parsons Water and Infrastructure (2,416,879; revised not to exceed $12,966,596) for design engineering and construction services. AGR 04-214(4) 2. Transfer $2,416,879 contingency established for the Project to the Public Works Department's Capital Improvement Budget. 5 80 Bakersfield, California, March 12,2008 - Page 8 12. CONSENT CALENDAR continued ACTION TAKEN x. Amendment No.2 to Agreement No. 00-306 with Community Action Partnership of Kern to allow Community Action Partnership of Kern obtain construction funding to complete the Pete H. Parra Child Care Center located adjacent to the Kern County Food Bank at 1825 Felix Drive. AGR 00-306(2) Deed 6835 y. Amendment No. 1 to Agreement No. 07-084 with AGR 07-084(1) Jim Alfter Cement Contractor extending the term to March 12,2009 for canal liner repair (annual contract). z. Supplemental Agreement to Agreement No. 81-144 AGR 08-046 with Union Pacific Railroad Company granting the city the right to perform the work necessary to install and maintain a liner within the existing 42" pipeline along Gosford Road and crossing the Union Pacific Railroad north of Pacheco Road. aa. Contract Change Order NO.4 to Agreement No. 07- AGR 07-143CC04 143 with MGE Underground, Inc. ($42,844.22; revised not to exceed of $1 ,089,813.52) for the Traffic Signal Interconnect Part 4 along various streets within the City. Bids: bb. Accept bid and award contract to Judge Netting, Inc. AGR 08-047 (43,626) for Wayside Park softball field netting. cc. Accept bid and award annual contract to San AGR 08-048 Joaquin Fence & Supply (not to exceed $700,000) for fencing for the Public Works, Water Resources and Recreation & Parks Departments. Miscellaneous: dd. Review of Maintenance Assessments for Special Storm Drain Facilities required in response to the Clean Water Act. ee. Vacant Building Maintenance Action Plan. Councilmember Weir announced he would abstain due to conflict of interest, source of income, on item 12.b. Motion by Councilmember Hanson to approve Consent Calendar items 12.a. through 12.ee. with removal of item 12.n. for separate consideration. APPROVED 12. Bakersfield, California, March 12,2008 - Page 9 5 81 CONSENT CALENDAR continued ACTION TAKEN n. Assessment District No. 07-2 (Sydney Harbour): 1. RES 040-08 Resolution approving amendment to Final Engineer's Report. Resolution determining assessments remaining unpaid. Resolution authorizing issuance of bonds. Resolution approving form and substance of Preliminary Official Statement and Bond Purchase Contract, authorizing modifications thereto and execution thereof, and authorizing related documents and action. 2. RES 041-08 3. 4. RES 042-08 RES 043-08 Motion by Councilmember Carson to approve item 12.n. 13. CONSENT CALENDAR HEARINGS None. 14. HEARINGS APPROVED Protest Hearing to consider Resolution adding territory, Area 4-82 (34th Street from Q Street to Union Avenue) 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. a. RES 048-08 City Clerk McCarthy announced 25 ballots were received regarding inclusion of this Maintenance District in the Consolidated Maintenance District, nineteen in support and six in opposition. Councilmember Benham recused herself from discussion and vote on item 14.a. in order to avoid the appearance of impropriety due to her employment with Bakersfield Memorial Hospital. Public Works Director Rojas made staff comments. Hearing opened at 7:24 p.m. Ken Keller, Bakersfield Memorial Hospital, spoke in favor of the staff recommendation. 582 Bakersfield, California, March 12, 2008 - Page 10 14. HEARINGS continued Item 14.a. continued ACTION TAKEN Hearing closed at 7:25 p.m. Motion by Vice-Mayor Hanson to adopt the Resolution. APPROVED ABS BENHAM b. Public Hearing to consider Resolution denying the appeal by David Gay and upholding the Board of Zoning Adjustment's decision approving Conditional Use Permit No. 07-2183 to operate a 5,485 square foot retail jewelry store in a C-O/PCD (Professional and Administrative Office/Planned Commercial Development) zone district located at 9700 Brimhall Road. (Applicant/Property Owner: Carl M. Saenger, represented by David Y. Milazzo AlA/David R. Wilson) RES 049-08 Planning Director Movius made staff comments and presented slides. Hearing opened at 7:28 p.m. Kerry Ryan, on behalf of Foxcreek Properties, spoke in opposition to the staff recommendation and provided handouts. David Milazzo, on behalf of Carl Saenger, spoke in support of the staff recommendation. Kerry Ryan, on behalf of Foxcreek Properties, spoke in opposition rebuttal to the staff recommendation. David Milazzo, on behalf of Carl Saenger, spoke in support rebuttal of the staff recommendation. Hearing closed at 7:47 p.m. Councilmember Couch requested staff analyze the need for adjusted zoning requirements for this type of project in the future. Motion by Councilmember Couch to uphold the Conditional Use Permit with inclusion of the deed restriction. APPROVED Bakersfield, California, March 12, 2008 - Page 11 583 14. HEARINGS continued ACTION TAKEN c. Zone Change No. 06-1149/Planned Development Review No. 07-1558 (Mustang Square); Todd Smith, Cannon & Associates, representing Mustang Square, LLC (property owner) has 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. An appeal of the Planning Commission's approval was submitted by Blain Franzen. 1. First Reading of Ordinance adopting a Negative Declaration and amending Title 17 (Zone Map No. 123-18) of the 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. City Clerk McCarthy announced correspondence was received from Doris Campa in opposition of the proposed/zone change. FR Planning Director Movius made staff comments. Hearing opened at 7:59 p. m. Blain Franzen, Olivia Franzen and Phillip Niggle spoke in opposition to the staff recommendation. Bill Sampson, Castle & Cooke, California, spoke in support of the staff recommendation and requested an additional condition to allow for a 4-way signal in place of a 3-way signal. Additionally, Todd Smith, on behalf of Mustang Square spoke in support of the staff recommendation. Blain Franze, Phillip Niggle and Olivia Franzen spoke in rebuttal opposition to the staff recommendation. Todd Smith, on behalf of Mustang Square, spoke in rebuttal support of the staff recommendation. Motion by Vice-Mayor Hanson to deny the appeal and give first reading to the Ordinance. Councilmember Couch requested staff explore utilizing conditions on a consistent basis. APPROVED NS BENHAM 584 Bakersfield, California, March 12, 2008 - Page 12 14. HEARINGS continued ACTION TAKEN Recess taken from 8:55 p.m. to 9:03 p.m. d. Public Hearing to consider the Panama - Buena Vista Bridge and Major Thoroughfare Area. 1. Resolution approving the Panama-Buena Vista Bridge and Major Thoroughfare Area and making findings thereto. 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. RES 050-08 2. ORD 4500 Public Works Director Rojas made staff comments. Hearing opened at 9:05 p.m. Robert Lusich, on behalf of the Antongiovanni family, spoke in favor of the staff recommendation. Hearing closed at 9:06 p.m. Motion by Vice-Mayor Hanson to adopt the Resolution and Ordinance. APPROVED AB BENHAM 15. REPORTS None. 16. DEFERRED BUSINESS None. 17. NEW BUSINESS None. 18. MAYOR AND COUNCIL STATEMENTS Councilmember Carson requested the City Attorney review the most recent information, assure the City is in compliance with regulations regarding housing of sex offenders and provide the information to the Safe Neighborhoods Committee. Councilmember Couch provided information to the City Attorney and Water Resources Director. Bakersfield, California, March 12,2008 - Page 13 18. MAYOR AND COUNCIL STATEMENTS Councilmember Couch requested information regarding care packages for Police Officers Matt Perry and Jim Ramos, deployed in Iraq. Assistant Chief Lynn responded. Councilmember Couch requested staff provide information regarding efforts to curtail parties in empty homes. Assistant Chief Lynn responded. Councilmember Couch requested information regarding the feasibility of retirees paying health insurance premiums from deferred compensation funds. Councilmember Couch requested staff confer with him regarding the feasibility of pedestrian bridges at Stockdale Hwy. and Cal State, Truxtun and Mohawk, and other possible locations. Councilmember Couch requested the City Manager contact him regarding the status of the City's franchise agreements. Vice-Mayor Hanson requested information regarding parties at vacant homes. Assistant Chief Lynn and City Attorney Gennaro responded. Vice-Mayor Hanson made comments regarding on-going efforts to provide law enforcement. Councilmember Sullivan requested the Legislation and Litigation Committee review measures taken by other cities to control unwanted pet populations. Mayor Hall made comments regarding recent community cleanup projects, organized by Chief Fraze and Pastor Ron Vietti, and conducted by members of the Valley Bible Fellowship Church. Mayor Hall made comments regarding the Arbor Day celebration on the bikepath near Cal State in which the City Recreation and Parks Department, Kern River Parkway Foundation, and the Tree Foundation of Kern utilized the services of volunteers to plant one hundred and fifty trees along the bikepath. Mayor Hall made comments regarding the new Police Department website. 585 ACTION TAKEN 5 8 6 Bakersfield, California, March 12, 2008 - Page 14 19. ADJOURNMENT ACTION TAKEN Mayor Hall adjourned the meeting at 9:20 p.m. vs~-- A/0" MAYO Wofe Vof ATTEST: CITY CLERK and Ex f cio Clerk of the Council of the City Bakersfield SACounciNVIINUTES\2008\Feb 27.doc