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
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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.
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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