HomeMy WebLinkAbout03/26/08 CC MINUTES
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BAKERSFIELD CITY COUNCIL
MINUTES
MEETING OF MARCH 26, 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 (seated at 5:20 p.m.),
Scrivner
Absent:
Councilmember Couch
2. PUBLIC STATEMENTS
None.
3. WORKSHOPS
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None.
4.
CLOSED SESSION
a. Conference with Legal Counsel- Existing Litigation;
Closed Session pursuant to subdivision(a) of
Government Code Section 54956.9 for the following
cases:
b.
1. Ana Robledo, et al v. Thomas Lee Holt, Jr.,
COB, BPD, et al Kern County Superior Court
Case No. S-1500-CV-258070-WDP
2. City and California Water Service v. Dow
Chemical Company, et al San Mateo County
Superior Court Case No. CIV 470999
3. DKS Investments, LLC; John M. Tarabino &
Joseph A. Tarabino; Canyons, LLC; and
General Holdings, Inc. v City; Bakersfield
City Council; and Does 1-40 inclusive Kern
County Superior Court Case No. S-1500-CV-
259731-KCT
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Sections 54957(b)(1 )/54957.6.
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Bakersfield, California, March 26, 2008 - Page 2
Motion by Vice-Mayor Hanson to adjourn to Closed
Session at 5: 17 p.m.
Motion by Vice-Mayor Hanson to adjourn from Closed
Session at 6:10 p.m.
RECONVENED MEETING - approximately 6:30 p.m.
5. ROLL CALL
Present:
Mayor Hall, Vice-Mayor Hanson,
Councilmembers Carson, Benham, Weir,
Couch (seated at 7:00 p.m.), Sullivan,
Scrivner
Absent:
None.
6. INVOCATION by Bishop Bernard Wallace, Church of
Christ Christian Ministries.
7. PLEDGE OF ALLEGIANCE by Darby Sward, 5th Grade
Student, Ronald Reagan Elementary.
Deputy City Clerk Fick announced Hearing item
14.b. will be continued for action on April 23, 2008.
Mayor Hall recognized the Bakersfield College and
Cal State Bakersfield government classes 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 the following
cases:
1. Ana Robledo, et al v. Thomas Lee Holt, Jr.,
COB, BPD, et al Kern County Superior Court
Case No. S-1500-CV-258070-WDP
2.
City and California Water Service v. Dow
Chemical Company, et al San Mateo County
Superior Court Case No. CIV 470999
DKS Investments, LLC; John M. Tarabino &
Joseph A. Tarabino; Canyons, LLC; and
General Holdings, Inc. v City; Bakersfield
City Council; and Does 1-40 inclusive Kern
County Superior Court Case No. S-1500-CV-
259731-KCT
3.
ACTION TAKEN
APPROVED
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APPROVED
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Bakersfield, California, March 26,2008 - Page 3
8.
CLOSED SESSION ACTION continued
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b.
Public Employee Performance Evaluation - City
Manager; Closed Session pursuant to
Government Code Sections 54957(b)(1 )/54957.6.
City Attorney Gennaro announced Closed Session
items were not completed within the allotted time
frame and action would be announced at the
conclusion of the reconvened Closed Session at the
end of the Council meeting.
9. PRESENTATIONS
a. Presentation by Mayor Hall of Proclamation to Mr.
John Nilon, Director of Public Health Services, Kern
County Department of Public Health, proclaiming
April 7-13, 2008 as Public Health Week.
Mr. Nilon accepted the Proclamation and made
comments.
b.
Presentation by Mayor Hall of Proclamation to Judy
L. Normoyle, Ambassador for One Legacy,
proclaiming April, 2008 as National Donate Life
Month.
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Ms. Normoyle accepted the Proclamation, provided
handouts to Council.
Donald Silvius and Abel Hernandez made
comments regarding the One Legacy Program.
10. PUBLIC STATEMENTS
a. Shawn Schoolcraft and Heater the Dragon (mascot)
spoke regarding the Bakersfield Blaze opening
weekend and provided the Council tickets.
b. Kenneth Cannon, David Boyd and Amy Richardson,
Co-chairperson of the Westpark Homeowners
Association, on behalf of that organization, spoke
regarding the Westside Parkway.
c. Edna LaFond, on behalf of the homeowners of
Fountain Springs Estates, spoke requesting the City
accept jurisdiction over streets in the community and
zoning changes and provided written material.
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Councilmember Sullivan requested staff review the
information presented and contact Ms. LaFond.
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ACTION TAKEN
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Bakersfield, California, March 26, 2008 - Page 4
10.
PUBLIC STATEMENTS continued
d.
Jayme Seeger spoke regarding passage of an
Ordinance making the City smoke-free.
e. Wayne Marden spoke regarding the proposed
Resolution regarding the Second Amendment.
11. APPOINTMENTS
a. One appointment to the Keep Bakersfield Beautiful
Committee due to the resignation of Elizabeth
Gosling, whose term expires November, 2010.
Motion by Vice-Mayor Hanson to appoint Lyle Martin to
fill the vacancy on the Keep Bakersfield Beautiful
created by the resignation of Elizabeth Gosling, term
expiring November, 2010.
b. One appointment to the Historic Preservation
Commission due to the expiration term of
Ann Sullivan, whose term expires March 30, 2008.
Ward 1
Ward 2
Ward 3
Ward 4
Ward 5
Ward 6
Ward 7
Sullivan
Sullivan
Talbot
Sullivan
Talbot
Talbot
Talbot
Motion by Vice-Mayor Hanson to appoint Nancy Talbot
to a three year term on the Historic Preservation
Commission, expiring March 30, 2011.
12. CONSENT CALENDAR
Minutes:
a. Approval of minutes of the March 12, 2008 Regular
City Council Meeting.
Payments:
b.
Approval of department payments from February 29,
2008 to March 13, 2008 in the amount of
$23,966,495.13 and self-insurance payments from
February 29,2008 to March 13, 2008 in the amount
of $233,191.82.
ACTION TAKEN
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APPROVED
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APPROVED
ASS WEIR
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Bakersfield, California, March 26, 2008 - Page 5 591
12. CONSENT CALENDAR continued ACTION TAKEN
l Ordinances:
c. First Reading of Ordinance approving a Negative FR
Declaration and amending Title 17 (Zone Map No.
123-36) of the Municipal Code by changing the
zoning from C-1 (Neighborhood Commercial) to C-
2/PCD (Regional CommerciaVPlanned Commercial
Development) on 13 acres located on the south side
of Hosking Avenue, and both sides of Hughes Lane
(ZC 07-1724) (John Balfanz)
d. First Reading of Ordinance approving a Negative FR
Declaration and amending Title 17 (Zone Map Nos.
101-02,101-03,101-04,101-10 & 101-11) of the
Municipal Code for five zone changes with: two
zone changes from C-2/PCD (Regional
Commercial/Planned Commercial Development) to
DI of 5.01 acres and 5 acres for a total of 10.01
acres; from R-1/PUD (One-Family Dwelling/Planned
Unit Development) to DI on 5.0 acres; from R-1
(One-Family Dwelling) to DI on 5.01 acres and from
M-1 (Light Manufacturing) to DI on 5.0 acres within
the Rosedale Ranch development area located on
l the northwest corner of Olive Drive and Renfro
Road, south of Seventh Standard Road, east of
Santa Fe Way. (ZC 07-0898) (Applicant: Rick
Engineering Company/Property Owners: Gardiner
Family, LLC and Rosedale Farming Group)
e. Adoption of Ordinance approving a Negative ORD 4501
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 located at the southeast corner of White Lane
and Buena Vista Road (ZC 06-1149)
f. Adoption of Ordinance amending Title 17 (Zone ORD 4502
Map No. 122-28) of the Municipal Code by
changing the zoning from A (Agriculture) to R-1
(One Family Dwelling) on 220-acres generally
located along the south side of Panama Lane
between Nord Avenue on the west and Kern County
Water Bank Authority on the east and the south.
(ZC 05-1580) (Applicant: Jim Manley/Property
Owner: 10 Section LLC).
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Bakersfield, California, March 26, 2008 - Page 6
12.
CONSENT CALENDAR continued
ACTION TAKEN
Resolutions:
g. Resolution confirming approval by the Assistant City
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.
RES 051-08
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h. Resolution approving application proposing RES 052-08
proceedings for annexation of uninhabited
territory to the City identified as Annexation No. 549
consisting of 39.90 acres, located on the
northeast corner of Old River Road and McCutchen
Road.
i. Resolution of Intention No. 1590 calling a public ROl1590
hearing to determine whether public necessity,
health, safety or welfare requires formation of an
underground utility district within designated area -
District No.2, Division 32 (South Mill Creek Mixed-
Use Project).
j. Resolution of Intention No. 1595 to order the ROl1595 J
vacation of East 2151 Street between Beale
Avenue and King Street and the alley located
between East 2151 Street, King Street, Sumner
Street and Beale Avenue.
Agreements:
k. Final Tract Map and Improvement Agreements:
1. Improvement Agreements with Ocean AGR 08-049
Breeze Investments, for Parcel Map 11688
located south of Meany Avenue and west of
Patton Way.
2. Final Map and Improvement Agreements AGR08-o50
with McMillin Albany, LLC., for Tract Map
6169 located south of Pacheco Road and
west of Gosford Road.
I. Agreement with Bakersfield Senior Housing, Inc. AGR 08-051
($50,000 Community Development Block Grant
Funds) to purchase and install a security fence at
Lowell Place Senior Apartments located at 500 "R"
Street. j
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Bakersfield, California, March 26, 2008 - Page 7 593
12. CONSENT CALENDAR continued ACTION TAKEN
l m. Agreement with Wilson & Associates (not to exceed AGR 08-052
$100,000) for processing of developers'
improvement acquisition requests for authorized
improvements within the City's various Assessment
Districts.
n. Ditch Eradication and Pipeline Easement AGR 08-053
Agreement with Virginia Engineering &
Construction Company, Inc. for canal located west
of Patton Way and north of Meany Avenue.
o. Agreement with Brown Armstrong Paulden McCown AGR 08-054
Starbuck Thornburgh & Keeter ($62,800) for full
scope annual audit of the 2007-08 fiscal year.
p. Cooperative Agreement with the State of California AGR 08-055
Department of Transportation to construct a new
freeway connection between State Route 58 (SR-
58) and the eastern terminus of the Westside
Parkway, known as the Centennial Corridor Project.
(TRIP)
q. Amendment No. 1 to Agreement No. 07-366 with AGR 07-366(1)
Moore lacofano Goldsman, Inc. ($18,830; total not
l to exceed $438,870) for an aerial photograph,
topographic site survey and updates to the grading
and site plans for the Mesa Marin Sports Complex
Project.
r. Federal Emergency Management Agency Levee
Accreditation Program:
1. Amendment NO.1 to Agreement WR07-011 AGR 08-056
with Meyer Civil Engineering, Inc.
($265,000; revised not to exceed $300,000)
to complete a field investigation and
engineering study of City operated and
maintained levees throughout Bakersfield.
2. Appropriate $265,000 Levee District Fund
Balance to the Water Resources Capital
Improvement Budget within the Agriculture
Water Fund.
s. Amendment NO.1 to Agreement 07-085 with AGR 07-085(1)
Stinson's Stationers, Inc. ($350,000; revised
not to exceed $700,000) and extending the term to
March 12, 2009 for office supplies.
l t. Amendment NO.2 to Agreement No. 06-220 with AGR 06-220(2)
Kern Sprinkler Landscaping, Inc. ($250,000; revised
not to exceed $600,000) for irrigation and
landscaping services.
594 Bakersfield, California, March 26, 2008 - Page 8
12. CONSENT CALENDAR continued ACTION TAKEN
u. Amendment NO.4 to Agreement No. 00-95 with AGR 00-95(4) J
William Avery and Associates, Inc. (not to exceed ,]
$52,000, including expenses) for negotiation and
consultant services in employer-employee relations
for a one year term.
v. Contract Change Order No. 1 to Agreement No. 07- AGR 07-317CC01
317 with Floyd Johnston Construction Company,
Inc. ($152,678.00; revised not to exceed
$1,513,728.00) for the project known as
Northeast Sewer Phase 2: Redbank Road
Extension.
Bids:
w. Accept bid from Geocon Inland Empire Incorporated AGR 08-057
(not to exceed $45,500) for groundwater sampling
and reporting to comply with Wastewater Treatment
Plant Discharge Permits.
x. Traffic Signal and Lighting System Installation at Old
River Road and White Oak Drive:
1. Accept bid and award contract to Loop AGR 08-058
Electric ($148,056.00) for the project. A
2. Transfer $100,000 from Public Works Capital j
Improvement Project (Ming Improvement
Edna to Anita) to the Capital Improvement
Budget within the Gas Tax Fund.
y. Accept bid and award contract to Loop Electric, Inc. AGR 08-059
($389,896.00) for the installation of Traffic Signal
Interconnect - Part 5.
Deputy City Clerk Fick announced a correction to
item 12.j., changing the hearing date to April 23,
2008.
Counci/member Weir announced he would abstain due
to conflict of interest, source of income, on item 12.b.
Counci/member Couch announced he would abstain
due to a client owning property in the area involved,
from item 12.i.
Motion by Councilmember Hanson to approve Consent APPROVED
Calendar items 12.a through 12.y. with correction to
item 12.j. j
Bakersfield, California, March 26,2008 - Page 9
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13.
CONSENT CALENDAR HEARINGS
ACTION TAKEN
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None.
14.
HEARINGS
a. Public Hearing to consider Resolution ordering 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.
RES 053-08
Public Works Director Rojas made staff comments.
Hearing Opened at 7:13 p.m.
No one spoke.
Hearing Closed at 7:13 p.m.
APPROVED
Motion by Councilmember Weir to approve the
Resolution.
b.
Public Hearing to consider Resolution denying the
appeal by Daybreak Baptist Church and upholding
the Planning Commission's decision approving
Mcintosh & Associates, representing Centex Homes
(property owner) application for Vesting Tentative
Tract Map 6760 on 8.92 acres located on the north
side of State Route 119 (Taft Highway)
between Stine Road and Ashe Road.
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Assistant Planning Director Eggert made staff
comments.
Hearing opened at 7:15 p.m.
APPROVED
Motion by Vice-Mayor Hanson to continue the hearing
to April 23, 2008.
15. REPORTS
None.
16. DEFERRED BUSINESS
None.
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Bakersfield, California, March 26, 2008 - Page 10
ACTION TAKEN
17.
NEW BUSINESS
RES 054-08
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a. Request by Councilmember Scrivner to consider
Resolution regarding the Second Amendment.
Deputy City Clerk Fick announced two articles of
correspondence were received regarding this item,
one in opposition and one in support of the item.
APPROVED
Motion by Councilmember Scrivner to approve the
Resolution.
18. MAYOR AND COUNCIL STATEMENTS
Councilmember Benham requested staff assist with
correspondence, submitted correspondence and
requested staff contact her.
Councilmember Weir requested the Legislation and
Litigation Committee consider revising the current
Ordinance regarding Planning Commission
appointments and terms, particularly to allow each
Councilmember an appointment, the Commissioners
term to expire upon the appointing Councilmembers
departure from the City Council and to enable the
Council to remove a Commissioner upon a majority
vote of the City Council.
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Councilmember Carson requested staff formulate new
ways to assist citizens in removing graffiti from tagged
walls.
Councilmember Sullivan requested staff review
materials regarding Ms. LaFond's issues, reach a
remedy for the problems and keep Councilmember
Sullivan informed.
Councilmember Sullivan made comments regarding
maintaining a clean community.
Councilmember Sullivan made comments regarding local
sports teams.
Councilmember Sullivan made comments in support of the
Second Amendment.
Mayor Hall announced he would be making trips to four of
Bakersfield's Sister Cities, provided trip dates and invited
Councilmembers to join him.
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Bakersfield, California, March 26, 2008 - Page 11 597
ACTION TAKEN
l Motion by Vice-Mayor Hanson to re-adjourn to Closed APPROVED
<'
Ii Session at 7:30 p.m..
Motion by Vice-Mayor Hanson to adjourn from Closed APPROVED
Session at 9:01 p.m..
8. CLOSED SESSION ACTION
a. Conference with Legal Counsel - Existing Litigation;
Closed Session pursuant to subdivision(a) of
Government Code Section 54956.9 for the following
cases:
NO REPORTABLE
1. Ana Robledo, et al v. Thomas Lee Holt, Jr., ACTION
COB, BPD, et al Kern County Superior Court
Case No. S-1500-CV-258070-WDP
CITY ATTORNEY
2. City and California Water Service v. Dow GIVEN DIRECTION
Chemical Company, et al San Mateo County
Superior Court Case No. CIV 470999 NO REPORTABLE
3. DKS Investments, LLC; John M. Tarabino & ACTION
Joseph A. Tarabino; Canyons, LLC; and
General Holdings, Inc. v City; Bakersfield
l City Council; and Does 1-40 inclusive Kern
County Superior Court Case No. S-1500-CV-
259731-KCT
POSTPONED UNTIL
b. Public Employee Performance Evaluation - City 4-9-08
Manager; Closed Session pursuant to
Government Code Sections 54957(b)(1 )/54957.6.
19. ADJOURNMENT
Vice-Mayor Hanson adjourned the meeting at 9:05 p.m
ATTEST:
CITY CLERK and Ex Officio Ie
the Council of the City of Baker fi
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